Roger W. Yates Beam 6. Alene O. Holloway Earsel F. Liggon James P. Bigham Walter A. Leigh Deputy Clerk Superior Court. Dameron and 13 others, as named above. The record before us shows that the official minute entries in the office of the Clerk of the Superior Court of Gaston County contain, as to each defendant, the following record in respect of the plea, verdict, judgment and commitment.
Decision of the questions raised by defendants' assignments of error and discussed in their brief must be deferred until the patent error appearing on the face of the official minutes has been corrected by appropriate proceedings.
In respect of the verdicts as recorded in the official minutes, the portions designated a , b and c are in irreconcilable conflict. Obviously, these minute entries were made within the framework of a form which, if used as intended, contemplated that in any case where a verdict of guilty was returned the portions designated a and b would be stricken. Moreover the portion designated c shows the jury found defendant "Guilty of the charge of First Degree Burglary," but does not show the jury recommended that the punishment be imprisonment for life in the State's prison.
The case on appeal contains a statement of the proceedings when the verdicts were taken. It sets forth that, as to each defendant, the verdict as announced by the foreman of the jury was that each defendant "is guilty of burglary in the first degree with recommendation that the punishment be imprisonment for life in the State's prison. Moreover, as stated in the quoted official minutes, fourteen jurors were selected, sworn and empanelled.
This is in accord with what is set forth in the case on appeal.
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The case on appeal indicates the alternate jurors were not on the jury when the verdicts were returned and the jurors were polled. However, both the official minutes and the case on appeal are silent as to when the alternate jurors were excused. The official minutes must be corrected to speak the truth in respect of the verdicts and in respect of when the alternate jurors, James P.
Bigham and Walter A. Rials, were excused.
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