State v. Massenburg, 234 N.C. App. 609 (Jul. 1, 2014)

Where the trial court’s Allen charge was in substantial compliance with G.S. 15A-1235, no coercion of the verdict occurred. The defendant argued that because the Allen charge failed to instruct the jury in accordance with section G.S. 15A-1235(b)(3) that “a juror should not hesitate to reexamine his own views and change his opinion if convinced it is erroneous,” he was entitled to a new trial. Acknowledging that the charge failed to repeat G.S. 15A-1235(b)(3) verbatim, the court concluded that the trial court's instructions contained the substance of the statute and fairly apprised the jurors of their duty to reach a consensus after open-minded debate and examination without sacrificing their individually held convictions merely for the sake of returning a verdict.