State v. Phillpott, 213 N.C. App. 468 (Jul. 19, 2011)

The trial court did not abuse its discretion by refusing to declare a mistrial and instead allowing the jury to go home and return the next day to continue deliberating. The jury deliberated approximately 7 hours over the course of two days; at the end of the day, when asked whether they wished to continue deliberating or come back the next day, a juror indicated that nothing would “change[.]” The trial judge ordered the jury to return the next day. They did so and reached a verdict.