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d 664 (1983); see, also, State v. Butler, supra, at 873. We determine, under the facts of this case, there was neither prejudice nor fundamental unfairness to plaintiff. In State v. Butler, supra, defendant complained he was denied his constitutional right to confront his accusers because his trial was to a jury of less than 12 persons. Our supreme court held that a constitutional violation was not shown because the defendant was not deprived of a full jury trial as required by Article VII, Section 8 of the North Carolina Constitution. The court stated: Defendant’s first contention is that he was denied his constitutional right to cross-examine and confront the witnesses against him because the jury which convicted him was less than 12 persons. The short answer to this is that under the North Carolina Constitution defendant was not entitled to a 12 person jury, but rather, the state constitution required a jury of at least 12 persons, a majority of which had to concur to render a verdict. In construing the constitution to require that, a majority of the jury decide on a verdict, the trial judge must exercise discretion as to whether or not the jury is to be allowed a return of a verdict of less than 12. State v. Schofield, supra, 315 N.C. at 132, 337 S.E.2d at 611. Id. at 875-76. Accordingly, this assignment of error is overruled. We conclude that the trial court did not err in holding that defendant was not entitled to a new trial based on the issue of the prejudicial effect of the reading of defendant’s prior conviction to the jury. The assignments of error are overruled and the case is remanded for entry of judgment. COZORT and JOHNSON, JJ., concur. Julia Butlin Julia Butlin, (19 April 1832 – 15 November 1905) was an English first-class cricketer. The daughter of Col. Sir John Butlin, she was born at Richmond in April 1832. She was educated privately in Richmond and at the Higham Ferrers school in Northamptonshire. Playing for the Richmond women’s cricket team, she made her debut in first-class cricket for an England XI against Marylebone Cricket Club at the Normal School, Richmond in 1850. She played for the England XI again in 1851 and appeared in two first-class matches for the Marylebone Cricket

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