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STATE v. EDWARDS

No. 400A83.

310 S.E.2d 610 (1984)

310 N.C. 142

STATE of North Carolina v. W.C. EDWARDS

Supreme Court of North Carolina.

January 10, 1984.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. M. Ann Reed, Raleigh, for the State.

Asst. Appellate Defender Lorinzo L. Joyner, Raleigh, for defendant.

COPELAND, Justice.

The issue presented is whether defendant's reprosecution for felonious breaking or entering with intent to commit larceny is barred by his earlier acquittal of the charge of larceny.

Defendant does not contend that he is barred from prosecution because he is being placed in jeopardy for the same offense. Rather, defendant contends that his acquittal on the larceny charge in the first trial determined matters of fact in his favor so

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