State v. Bauberger

A lynchpin of our judicial system is the principle that the jury will only apply the law as described by the trial judge. A jury is not per*475mitted to engage in a private investigation of the law or to consult outside sources to untangle what the trial judge meant in his instructions. Yet, that is precisely what the jury did in this criminal case. Because I believe defendant was prejudiced by the jury’s consideration of extraneous material and, therefore, is entitled to a new trial, I respectfully dissent.

I recognize that in Lindsey v. Boddie-Noell Enters., Inc., 355 N.C. 487, 562 S.E.2d 420…