STATE v. GARDNER

No. 390A84.

340 S.E.2d 701 (1986)

315 N.C. 444

STATE of North Carolina v. Franklin D. GARDNER, Jr.

Supreme Court of North Carolina.

February 18, 1986.


Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by Henry T. Rosser, Asst. Atty. Gen., Raleigh, for the State.

Adam Stein, Appellate Defender, and Marc D. Towler, Asst. Appellate Defender, Raleigh, for defendant-appellant.


MEYER, Justice.

Defendant brings forward two assignments of error on appeal. The first involves the cross-examination of the defendant concerning his post-arrest silence. In addition, defendant argues that double jeopardy principles prohibit his conviction and sentencing for both breaking or entering and felony larceny pursuant to that breaking or entering. For the reasons set forth below, we find no error and, therefore, affirm the decision of the Court of Appeals...

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