State v. May

DILLON, Judge.

Floyd Edward May, Sr., (Defendant) appeals from judgment convicting him of one count of first-degree statutory rape. We conclude that Defendant is entitled to a new trial because the State has failed to meet its burden to prove that the trial court’s error in charging a deadlocked jury in violation of N.C. CONST, art. I, § 24 was harmless beyond a reasonable doubt.

I. Facts and Procedural History

Defendant is a divorced adult male in his mid-60’s living on social security disability. Defendant has an adult son, Mike May. Mike May fives *368with his wife Shannon May and their two…