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eBook details

• Title: State v. Cephus
• Author : Supreme Court of North Carolina
• Release Date : January 02, 1955
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 49 KB

Description

Only three assignments of error require discussion. Defendants Exception No. 7 relates to the refusal of the court to have the jury polled. In order to determine whether the verdict of the jury is unanimous, it is the right of every defendant to have the jury polled. S. v. Young, 77 N.C. 498; S. v. Boger, 202 N.C. 702, 163 S.E. 877. However, this right must be exercised at the time the jury returns its verdict or before the jury is discharged, otherwise the right is deemed to have been waived. S. v. Toole, 106 N.C. 736, 11 S.E. 168. In this case no request was made for a poll of the jury at the time the verdict was rendered. The jury was discharged, the jurors separated, took their seats in the courtroom. Under the circumstances, therefore, the defendant had waived his right to a poll of the jury.

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