15A-1234. Additional instructions.
(a) After the jury retires for deliberation, the judge may give appropriate additional instructions to:
(1) Respond to an inquiry of the jury made in open court; or
(2) Correct or withdraw an erroneous instruction; or
(3) Clarify an ambiguous instruction; or
(4) Instruct the jury on a point of law which should have been covered in the original instructions.
(b) At any time the judge gives additional instructions, he may also give or repeat other instructions to avoid giving undue prominence to the additional instructions.
(c) Before the judge gives additional instructions, he must inform the parties generally of the instructions he intends to give and afford them an opportunity to be heard. The parties upon request must be permitted additional argument to the jury if the additional instructions change, by restriction or enlargement, the permissible verdicts of the jury. Otherwise, the allowance of additional argument is within the discretion of the judge.
(d) All additional instructions must be given in open court and must be made a part of the record. (1977, c. 711, s. 1.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 15A - Criminal Procedure Act
Article 73 - Criminal Jury Trial in Superior Court.
§ 15A-1221 - Order of proceedings in jury trial; reading of indictment prohibited.
§ 15A-1222 - Expression of opinion prohibited.
§ 15A-1223 - Disqualification of judge.
§ 15A-1224 - Death or disability of trial judge.
§ 15A-1225 - Exclusion of witnesses.
§ 15A-1225.1 - Child witnesses; remote testimony.
§ 15A-1225.2 - Witnesses with an intellectual or developmental disability; remote testimony.
§ 15A-1225.3 - Forensic analyst remote testimony.
§ 15A-1226 - Rebuttal evidence; additional evidence.
§ 15A-1227 - Motion for dismissal.
§ 15A-1228 - Notes by the jury.
§ 15A-1230 - Limitations on argument to the jury.
§ 15A-1231 - Jury instructions.
§ 15A-1232 - Jury instructions; explanation of law; opinion prohibited.
§ 15A-1233 - Review of testimony; use of evidence by the jury.
§ 15A-1234 - Additional instructions.
§ 15A-1235 - Length of deliberations; deadlocked jury.
§ 15A-1236 - Admonitions to jurors; regulation and separation of jurors.
§ 15A-1238 - Polling the jury.
§ 15A-1239 - Judicial comment on verdict.
§ 15A-1240 - Impeachment of the verdict.
§ 15A-1241 - Record of proceedings.
§ 15A-1242 - Defendant's election to represent himself at trial.
§ 15A-1243 - Standby counsel for defendant representing himself.