Humphrey — Thirteen-juror deliberation requires new drug-death trial
The Court of Appeals reversed and ordered a new trial. Allowing thirteen jurors to deliberate violated both the governing statute and the North Carolina Constitution’s twelve-juror guarantee. The judge’s mixed instruction to restart but await directions to continue or begin was not the clear, unequivocal safeguard the law requires. The error was both structural in character and prejudicial, so the court did not reach the sentencing issue.