Lipscomb v. . Cox

When must the poll of a jury be taken? The right of either party to poll the jury in both criminal and civil actions is firmly established by the decisions in this State. The predominant purpose of the poll is to ascertain if the verdict as tendered by the jury is the “unanimous verdict of a jury of good and lawful men in open court,” as prescribed by the Constitution, Art. I, sec. 13, for criminal causes. One of the first cases dealing with the subject is S. v. Young, 77 N. C., 498. The Court held: “When the verdict has been received from the foreman and entered, it is the duty of the clerk…