No opportunity has been given me to consult precedents on this
subject, but a friend has referred me to an authority strongly
supporting my position, from which I will quote, though I deem a
reference to precedents unnecessary to sustain the plain
declarations of the Constitution: I refer to the case of the
State _vs._ Shule (10 Iredell, 153), the substance of which is
stated in 2 Graham & Waterman on New Trials, page 363. Before
stating that case I quote from the text of G. & W.

The verdict is to be the result of the deliberation of the
jury upon all the evidence in the case. The Court has no
right to anticipate the verdict by an expression of opinion
calculated so to influence the jury as to take from them
their independence of action.

In the State _vs._ Shule two defendants were indicted for an
affray. The jury remaining out a considerable time, at the
request of the prosecuting attorney they were sent for by
the Court. The Court then charged them that although Jones
(the other defendant) had first commenced a battery on
Shule, yet, if the jury believed the evidence, the
defendant, Shule, was also guilty. Thereupon, one of the
jurors remarked that they had agreed to convict Jones, but
were about to acquit Shule. The Court then charged the jury
again, and told them that they could retire if they thought
proper to do so. The jury consulted together a few minutes
in the court room. The prosecuting attorney directed the
clerk to enter a verdict of guilty as to both defendants.
When the clerk had entered the verdict, the jury were asked
to attend to it, as it was about to be read by the clerk.
The clerk then read the verdict in the hearing of the jury.
The jury, upon being requested, if any of them disagreed to
the verdict to make it known by a nod, seemed to express
their unanimous assent; and no juror expressed his dissent.

In reviewing the case the Court say:

The error complained of is, that before the jury had
announced their verdict, and in fact after they had
intimated an intention to acquit the defendant, Shule, the
Court allowed the clerk to be directed to enter a verdict
find