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STATE v. GRIFFIN

No. 8021SC1135.

277 S.E.2d 77 (1981)

STATE of North Carolina v. Chesley L. GRIFFIN, Jr.

Court of Appeals of North Carolina.

April 21, 1981.

Attorney(s) appearing for the Case

Atty. Gen., Rufus L. Edmisten by Asst. Atty. Gen., J. Chris Prather, Raleigh, for the State.

Morrow & Reavis by John F. Morrow, Winston Salem, for defendant-appellee.

WEBB, Judge.

The Fifth Amendment to the Constitution of the United States provides in part:

"[N]or shall any person be subject for the same offense to be twice put in jeopardy of life or limb...."

The United States Supreme Court has held that if a person has pled guilty to a crime and is later charged with another crime, the proof of which would prove all the elements of the crime to which he has previously pled guilty, he has then been tried twice...

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