STATE v. LEONARD

No. 723.

72 S.E.2d 1 (1952)

236 N.C. 126

STATE v. LEONARD.

Supreme Court of North Carolina.

August 22, 1952.


Attorney(s) appearing for the Case

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

Carl E. Gaddy, Jr., Raleigh and Robert S. Cahoon, Greensboro, for defendant-appellant.


VALENTINE, Justice.

The following question is determinative of this appeal: Is the defendant, who has been acquitted by a jury of the charge of malicious injury to property, entitled to plead former jeopardy or res judicata as a defense to a charge of perjury alleged to have been committed by him at the former trial?

By an examination of the record, the court below as a matter of law could determine that the charge of perjury and the charge of malicious injury...

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