State v. Boyd, 214 N.C. App. 294 (Aug. 2, 2011)

Although the trial judge did not expressly instruct the jury that if it failed to find the required elements it must find the defendant not guilty, the defendant was not prejudiced by the trial court’s alternative final mandate language (“If you do not so find . . . you will not return a verdict of guilty”). Notably, the verdict sheet provided an option of returning a not guilty verdict.