STATE v. SAWYER

No. 7124SC282.

180 S.E.2d 387 (1971)

11 N.C. App. 81

STATE of North Carolina v. Johnnie Bon SAWYER.

Court of Appeals of North Carolina.

April 28, 1971.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, Asst. Atty. Gen. I. Beverly Lake, Jr., and Staff Atty. Ronald M. Price, Raleigh, for the State.

Mashburn & Huff, by Joseph B. Huff, Marshall, for defendant appellant.


HEDRICK, Judge.

The defendant's first assignment of error raises the question of whether an acquittal on charges of reckless driving and speed competition will bar a further prosecution for involuntary manslaughter when all charges arise out of the same occurrence. This question was answered in the negative in State v. Midgett, 214 N.C. 107, 198 S.E. 613 (1938), where our Supreme Court held that an acquittal of reckless driving in a court having jurisdiction to try...

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