STATE v. STAFFORD

No. 495.

164 S.E.2d 371 (1968)

274 N.C. 519

STATE of North Carolina v. James Allen STAFFORD.

Supreme Court of North Carolina.

December 9, 1968.


Attorney(s) appearing for the Case

T. W. Bruton, Atty. Gen., and Dale Shepherd, Raleigh, Staff Atty., for the State.

Hatch, Little, Bunn & Jones by Frank R. Liggett, III, Raleigh, for petitioner-appellant.


SHARP, Justice.

Defendant's appeal presents for our reconsideration this question: Upon the retrial and conviction of an accused whose earlier conviction for the same offense was set aside upon appeal or in post-conviction proceedings because of a constitutional defect in the first trial, may the court impose a sentence severer than the one vacated?

The decisions of this Court have established the following rules for this jurisdiction: When, upon defendant...

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