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STATE v. HICKS

No. 505.

64 S.E.2d 871 (1951)

233 N.C. 511

STATE v. HICKS.

Supreme Court of North Carolina.

May 2, 1951.

Attorney(s) appearing for the Case

Ralph V. Kidd and J. C. Sedberry, Charlotte, for the defendant-appellant.

Atty. Gen. Harry McMullan and Asst. Atty. Gen. Ralph Moody for the State.

ERVIN, Justice.

It is an ancient and basic principle of criminal jurisprudence that no one shall be twice put in jeopardy for the same offense. State v. Mansfield, 207 N.C. 233, 176 S. E. 761. Several criteria have been prescribed by the authorities for determining in diverse situations whether two indictments are for the same offense. The one applicable on the present record is the "same-evidence test," which is somewhat alternative in character. It is simply this...

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