STATE v. GAINEY

No. 258.

144 S.E.2d 249 (1965)

265 N.C. 437

STATE of North Carolina v. Rufus GAINEY.

Supreme Court of North Carolina.

October 13, 1965.


Attorney(s) appearing for the Case

Atty. Gen. T. W. Bruton, Deputy Atty. Gen. Harrison Lewis, Staff Atty. T. Buie Costen, Raleigh, for the State.

Frederick E. Turnage, Rocky Mount, for defendant.


DENNY, Chief Justice.

The defendant entered no exceptions in the trial below and assigns no error on this appeal. He does, however, attempt to raise two questions in his brief. (1) Did the court below commit error in conducting a post conviction hearing in the absence of the petitioner and by granting relief not requested in the petition? (2) Did the court below err in denying the defendant's motion for dismissal of prosecution on the ground of former jeopardy?

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases