FRYE, Justice.
Defendant, Charles Wilson Jeune, was convicted by a Lincoln County jury of firstdegree rape and first-degree kidnapping for the 13 January 1990 abduction and rape of a Lincoln County woman. The Court of Appeals, by a 2-1 vote, ordered a new trial on both charges after concluding that a witness for the State acted as a custodian or officer in charge of the jury in violation of defendant's rights under the Sixth and Fourteenth Amendments of the United...
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