No. 6921SC119.

167 S.E.2d 529 (1969)

4 N.C. App. 638

STATE of North Carolina v. Leroy STILLEY.

Court of Appeals of North Carolina.

May 28, 1969.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, Asst. Atty. Gen., William W. Melvin and Staff Atty. T. Buie Costen, Raleigh, for the State.

Wilson & Morrow, by John F. Morrow, Winston-Salem, for defendant appellant.

BRITT, Judge.

The sole question presented by this appeal is whether the superior court erred in refusing to allow defendant's motion for dismissal on the ground of double jeopardy.

The record discloses that the case was called for trial in the Municipal Court of the City of Winston-Salem on 19 December 1967. After defendant pleaded not guilty, witnesses for the State were called and sworn and a police officer of...

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