Doby v. Fowler

WELLS, Judge.

During its deliberations, the jury requested that they be allowed to reexamine and take plaintiffs exhibit number one into the jury room. Plaintiffs counsel did not object to this procedure. Defendants’ counsel expressed his unwillingness to consent to this procedure. The trial court granted the request and allowed the jurors to take the exhibit into the jury room during further deliberations. Defendants’ sole assignment of error is to this action by the trial court.

In State v. Stephenson, 218 N.C. 258, 265, 10 S.E. 2d 819, 824 (1940), our Supreme Court stated the principle that…