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STATE v. BROCK

No. 75.

67 S.E.2d 282 (1951)

234 N.C. 392

STATE v. BROCK.

Supreme Court of North Carolina.

October 31, 1951.

Attorney(s) appearing for the Case

Harry McMullan, Atty. Gen., Ralph Moody, Asst. Atty. Gen., and Charles G. Powell, Jr., Member of Staff, Raleigh, for the State.

Robert S. Cahoon, Atlanta, Ga., for defendant, appellant.

DEVIN, Chief Justice.

This court is of the opinion unanimously that defendant's plea of former jeopardy was properly denied. State v. Dove, 222 N.C. 162, 22 S.E.2d 231; State v. Guice, 201 N.C. 761, 161 S.E. 533. But the members of the court are evenly divided in opinion (Justice VALENTINE not sitting) whether error in the admission of testimony as to declarations and conduct of Jim Cook in the absence of the defendant was...

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