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STATE v. HALL

No. 8516SC1339.

344 S.E.2d 811 (1986)

STATE of North Carolina v. Edward HALL, Jr. and Horace Stephens.

Court of Appeals of North Carolina.

July 1, 1986.

Attorney(s) appearing for the Case

Atty. Gen. Lacy Thornburg by Asst. Atty. Gen., William F. Briley, Raleigh, for the State.

Appellate Defender Malcolm R. Hunter Jr., by Asst. Appellate Defender Leland Q. Towns, Raleigh, for defendant-appellant Edward Hall, Jr.

Kenneth E. Ransom, Lumberton, for defendant-appellant Horace Stephens.

PHILLIPS, Judge.

The first of three questions raised by the defendants, either jointly or severally, is whether punishing each of them for both convictions—breaking or entering with the felonious intent to commit larceny therein in violation of G.S. 14-54, and larceny committed pursuant to such breaking or entering as provided in G.S. 14-72(b)(2)—violates the ban against double jeopardy contained in the constitutions of this state and the United States...

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