STATE v. LACHAT

No. 243A85.

343 S.E.2d 872 (1986)

STATE of North Carolina v. Louise Edith LACHAT.

Supreme Court of North Carolina.

June 3, 1986.


Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by David Roy Blackwell, Asst. Atty. Gen., Raleigh, for State.

Cofer and Mitchell by William L. Cofer, Winston-Salem, for defendant-appellant.


MITCHELL, Justice.

This appeal presents inter alia the issue of whether the prohibition against double jeopardy forbade the second trial of the defendant for murder, since her previous trial on the same charge had been terminated by a mistrial without findings of fact by the trial court showing that a mistrial was necessary. We answer in the affirmative and hold that the trial court erred by denying the defendant's motion to dismiss the murder charge against...

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