State v. . Perry

Was it the duty of the court below to accept and record the verdict first tendered by the jury? We are constrained to answer in the affirmative.

While a verdict is a substantial right, Bundy v. Sutton, 207 N. C., 422, 177 S. E., 420, it is not complete until it is accepted by the court for record. S. v. Godwin, 138 N. C., 582; S. v. Bagley, 158 N. C., 608, 73 S. E., 995; S. v. Snipes, 185 N. C., 743, 117 S. E., 500; Allen v. Yarborough, 201 N. C., 568, 160 S. E., 833.

This does not imply, however, that in accepting or rejecting a verdict the presiding judge may exercise unrestrained discretion.…