State v. Culp

MORRIS, Judge.

Defendant contends that the trial court erred in denying the jury foreman’s request that the court reporter read back all of the evidence. This assignment of error has no merit. We said in State v. Hatch, 21 N.C. App. 148, 149, 203 S.E. 2d 334 (1974), cert. denied 285 N.C. 375 (1975), that “ ... it is discretionary with the court to grant or refuse the jury’s request for a restatement of the evidence.” Here there is neither abuse of discretion nor misapprehension of the law by the trial court.

Defendant also contends that the trial court erred in requiring as a “Special…