STATE v. JOHNSON

No. 7028SC298.

175 S.E.2d 711 (1970)

STATE of North Carolina v. James Harold JOHNSON.

Court of Appeals of North Carolina.

August 5, 1970.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan and Trial Atty. Fred P. Parker, III, Raleigh, for the State.

Sanford W. Brown, Asheville, for defendant-appellant.


PARKER, Judge.

Appellant assigns as error the refusal of the trial court to sustain his plea of former jeopardy. There is no merit to this assignment of error. Evidence for the State, both at the November 1969 trial and at the subsequent January 1970 trial from which this appeal was taken, was to the effect that defendant had broken and entered premises at 438 Swannanoa River Road in Asheville which was occupied by one Elvira L. Montgomery, who was engaged in business...

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