STATE v. JONES

No. 8310SC912.

313 S.E.2d 808 (1984)

STATE of North Carolina v. Andrew Lynn JONES.

Court of Appeals of North Carolina.

April 3, 1984.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen., Thomas F. Moffitt, Raleigh, for the State.

Dement, Askew & Gaskins by Johnny S. Gaskins, Raleigh, for defendant-appellant.


JOHNSON, Judge.

The substantive facts outlined above are not seriously disputed. Rather, defendant raises errors of procedure resulting in violation of the constitutional guarantee against double jeopardy.

I

The underlying error which defendant asserts, and upon which all his other assignments of error are predicated, is that the trial court improperly declared a mistrial at his first trial. The proceedings leading up to the declaration of mistrial...

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