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STATE v. ANDERSON

No. 75.

137 S.E.2d 823 (1964)

262 N.C. 491

STATE v. Horace ANDERSON.

Supreme Court of North Carolina.

September 23, 1964.

Attorney(s) appearing for the Case

T. W. Bruton, Atty. Gen., Harry W. McGalliard, Deputy Atty. Gen., for the State.

W. M. Styles, Asheville, for defendant appellant.

PER CURIAM:

The defendant raises two questions on this appeal: (1) Having placed the defendant on trial and failed to protect his constitutional rights, may the State try him for the second time for the same offense? (2) In case of a conviction and sentence at the second trial, is the defendant entitled to credit on the last sentence for the time he served under the first sentence?

This Court, in State v. White, 262 N.C. 52...

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