§ 15A-1233. Review of testimony; use of evidence by the jury.
§15A‑1233. Review of testimony; use of evidence by the jury.
(a) If the jury afterretiring for deliberation requests a review of certain testimony or otherevidence, the jurors must be conducted to the courtroom. The judge in hisdiscretion, after notice to the prosecutor and defendant, may direct thatrequested parts of the testimony be read to the jury and may permit the jury toreexamine in open court the requested materials admitted into evidence. In hisdiscretion the judge may also have the jury review other evidence relating tothe same factual issue so as not to give undue prominence to the evidencerequested.
(b) Upon request by thejury and with consent of all parties, the judge may in his discretion permitthe jury to take to the jury room exhibits and writings which have beenreceived in evidence. If the judge permits the jury to take to the jury roomrequested exhibits and writings, he may have the jury take additional materialor first review other evidence relating to the same issue so as not to giveundue prominence to the exhibits or writings taken to the jury room. If thejudge permits an exhibit to be taken to the jury room, he must, upon request,instruct the jury not to conduct any experiments with the exhibit. (1977,c. 711, s. 1.)