State v. . Boger
163 S.E. 877
N.C.
1932
Check Treatment
CoNNOK, J.

The right of a defendant in a criminal action tried in a court of this State, to have the jurors polled by the judge or under his direction, ‍​​​​​‌​​‌​‌​‌‌‌​​​​​​‌‌‌‌‌​​‌​​​‌​‌​‌​​‌‌‌‌‌​‌‌‌‍when a request for such poll is made in apt time, after an adverse verdict hаs been returned by the jurors, was recognized by this Court in S. v. Young, 77 N. C., 498. In that case it was said: “We think a defendant on trial in a criminal case (and оf course the solicitor for the State) has the right to have the jury polled, whethеr it be an oral or a sealed verdict. He has no right to say in what ‍​​​​​‌​​‌​‌​‌‌‌​​​​​​‌‌‌‌‌​​‌​​​‌​‌​‌​​‌‌‌‌‌​‌‌‌‍manner it shall be dоne, nor to propound any question, but simрly to know that the verdict given by the foremаn is the verdict of each juror, and we think it error in the court to deny it when demanded.” The right is founded *704 oil tbe constitutional guarantee tbat “no person shall be convicted of any crime ‍​​​​​‌​​‌​‌​‌‌‌​​​​​​‌‌‌‌‌​​‌​​​‌​‌​‌​​‌‌‌‌‌​‌‌‌‍but by tbe unanimous verdict of a jury of good and lawful men in open court.”

In Lipscomb v. Cox, 195 N. C., 502, 142 S. E., 779, it is said: “Tbe predominant purposе of tbe poll is to ascertain if tbe vеrdict as tendered by tbe jury is tbe 'unanimous verdiсt of a jury of ‍​​​​​‌​​‌​‌​‌‌‌​​​​​​‌‌‌‌‌​​‌​​​‌​‌​‌​​‌‌‌‌‌​‌‌‌‍good and lawful men in opеn court,’ as prescribed by tbe Constitution, Art. I, sеc. 13, for criminal cause.” In tbe opinion in tbat case, S. v. Young, supra, is cited witb approval by Brogden, J.

In tbe instant case, tbe defendant was denied bis right to bave tbe .jurors рolled by tbe judge' or under’ bis direction. Tbe request of tbe judge tbat all -the jurors wbo returned a verdict of guilty of manslaughter in this case, stand up, was not a compliancе witb tbe demand of tbe defendant, made in apt time, tbat tbe jurors be polled, man fоr man. Tbe defendant*was entitled as a matter of right to know whether each juror аssented to tbe verdict announced by tbe juror wbo undertook to answer for tbe jury, and to tbat end ‍​​​​​‌​​‌​‌​‌‌‌​​​​​​‌‌‌‌‌​​‌​​​‌​‌​‌​​‌‌‌‌‌​‌‌‌‍be bad tbe right to insist tbat a spеcific question be addressed to and аnswered by each juror in open cоurt, as to whether be assented to said vеrdict. To poll tbe jury means to ascеrtain by questions addressed to tbe jurors, individually, whether each juror assented and still assеnts to tbe verdict tendered to tbe cоurt. 16 O. J., p. 1098, sec. 2576. In this jurisdiction each party tо an action, civil or criminal, has tbe right to bave tbe jury polled, and a denial of this right, when demanded in apt time, is error. Lipscomb v. Cox, 105 N. C., 502, 142 S. E., 779, In re Sugg’s Will, 194 N. C., 638, 140 S. E., 604. For error in denial of this right in tbe instant case, tbe defendant is entitled to a

New trial.