N.C.P.I.—Crim. 101.40

NOTE WELL: The judge may require the jury to continue

its deliberations and may give or repeat the instruction

provided. The judge may not require or threaten to

require the jury to deliberate for an unreasonable

length of time or for unreasonable intervals. State v.

Easterling, 300 N.C. 594, 608, 268 S.E.2d 800, 809

(1980).

When a trial judge gives a deadlocked jury any of the

instructions authorized by N.C. Gen. Stat. § 15A-

1235(b), he must give them all. State v. Aikens, 342

N.C. 567, 579, 467 S.E.2d 99, 106 (1996).

Your foreperson informs me that you have been unable to agree

upon a verdict. You are reminded that it is your duty to do whatever you

can to reach a verdict. You have a duty to consult with one another and

to deliberate with a view to reaching an agreement, if it can be done

without violence to individual judgment. Each juror must decide the case

for [himself] [herself], but only after an impartial consideration of the

evidence with your fellow jurors. In the course of your deliberations, you

should not hesitate to reexamine your own views and change your opinion

if convinced it is erroneous. However, you should not surrender your

honest conviction as to the weight or effect of the evidence solely

because of the opinion of your fellow jurors, or for the mere purpose of

returning a verdict.1 You will now resume your deliberations and continue

your efforts to reach a verdict.