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STATE v. ANDERSON

No. 7028SC233.

175 S.E.2d 729 (1970)

STATE of North Carolina v. Horace ANDERSON.

Court of Appeals of North Carolina.

August 5, 1970.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Staff Atty. Richard N. League, Raleigh, for the State.

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

MORRIS, Judge.

Defendant assigns as error the court's denying his plea of former jeopardy in the felony charge on the prior termination by nolle prosequi of the misdemeanor.

"The test (of former jeopardy) is not whether the defendant has already been tried for the same act, but whether he has been put in jeopardy for the same offense." State v. Barefoot, 241 N.C. 650, 86 S.E.2d 424...

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