STATE v. LEE

No. 805SC980.

276 S.E.2d 501 (1981)

STATE of North Carolina v. Thearpha LEE.

Court of Appeals of North Carolina.

April 7, 1981.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Attys. Gen. Joan H. Byers and Christopher P. Brewer, Raleigh, for the State.

Newton, Harris & Shanklin by Kenneth A. Shanklin, Wilmington, for defendant-appellant.


ARNOLD, Judge.

Defendant challenges the denial of his motion to dismiss the indictment on the claim of double jeopardy. He asserts that the State, by dismissing the case arising from the magistrate's order, which the district court judge limited to a misdemeanor proceeding, and then trying defendant on the felony based on a warrant and indictment, subjected defendant to double jeopardy for the same offense in violation of the United States Constitution. In the alternative...

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