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STATE v. ALLEN

No. 505.

100 S.E.2d 333 (1957)

247 N.C. 235

STATE v. L. D. ALLEN, Jr.

Supreme Court of North Carolina.

November 20, 1957.

Attorney(s) appearing for the Case

L. L. Levinson, Smithfield, for defendant, appellant.

George B. Patton, Atty. Gen., T. W. Bruton, Asst. Atty. Gen., for the State.

PER CURIAM.

The defendant's plea of former jeopardy cannot be sustained. At the time hearing of this case was suspended for a short time for the consideration of other court matters, the jury had not been impaneled. Hence jeopardy had not attached. State v. Brock, 234 N.C. 390, 67 S.E.2d 282. The evidence was sufficient to require the submission of the case to the jury and to sustain the verdict.

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