State v. Peek

BRANCH, Chief Justice.

By his first assignment of error, defendant contends the trial judge prejudicially erred in his instructions to the jury when the jury foreman told him the jury was having trouble reaching a unanimous verdict. We do not agree.

The jury began its deliberations at 11:55 a.m. and continued until 12:35 p.m. when the court recessed for lunch. After having resumed deliberations at 2:00 p.m., the jury returned to the courtroom at 3:13 p.m. at which time the following transpired:

THE COURT: Ms. Morton, you’re carrying the verdict sheet, I take it from that you’re the foreperson.

Ms.…