STATE v. JONES

No. 8310SC757.

313 S.E.2d 264 (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.


WEBB, Judge.

The only question presented by this appeal is whether defendant has a right to appeal the denial of his motion to dismiss the indictment on double jeopardy grounds prior to being put to trial a second time. We hold that he does not have such a right.

Defendant, citing Abney v. United States, 431 U.S. 651, 97 S.Ct. 2034, 52 L.Ed.2d 651 (1977), contends that as a matter of constitutional law, an appeal from...

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