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STATE v. CUTSHALL

No. 38.

180 S.E.2d 745 (1971)

278 N.C. 334

STATE of North Carolina v. Leonard H. CUTSHALL.

Supreme Court of North Carolina.

April 14, 1971.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan and Asst. Atty. Gen. Millard R. Rich, Jr., for the State.

Bruce A. Elmore and Richard B. Ford, Asheville, for defendant.

BRANCH, Justice.

Defendant contends that he has been placed in double jeopardy by being twice tried for the same capital offense of murder. In this connection he contends that Judge McLean erred in entering an order declaring a mistrial without defendant's consent at the 25 May 1970 Session of Madison Superior Court, and that he erred in altering the order of mistrial of 1 June 1970 and in signing the same on 28 January...

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