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STATE v. GURGANUS

No. 841SC184.

321 S.E.2d 923 (1984)

STATE of North Carolina v. Trevor Dale GURGANUS and Linda Staples Gurganus.

Court of Appeals of North Carolina.

November 6, 1984.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. David Roy Blackwell, Raleigh, for the State.

Trimpi, Thompson & Nash by C. Everett Thompson, Elizabeth City, for defendants-appellants.

BRASWELL, Judge.

The whole of this appeal concerns: (1) whether the Superior Court was without authority to sign its order in this matter out of session; (2) whether the Superior Court's review of a motion to dismiss for former jeopardy by the State from District Court is de novo; and (3) whether the defendants were placed in former jeopardy when they were recharged in District Court with crimes that the State had previously voluntarily dismissed in District...

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