STATE v. WHITE

No. 8626SC879.

354 S.E.2d 324 (1987)

STATE of North Carolina v. Willie James WHITE.

Court of Appeals of North Carolina.

April 7, 1987.


Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. G. Patrick Murphy, Raleigh, for the State.

Public Defender Isabel Scott Day and Asst. Public Defender Gail Phillips Merritt, Charlotte, for defendant-appellant.


BECTON, Judge.

Defendant, Willie James White, was charged in a proper indictment with robbery with a dangerous weapon. On 9 December 1985 a jury was empaneled, and trial commenced before Judge Robert E. Gaines. Near the conclusion of the trial, and due to improper questioning of defendant by the prosecutor, defendant's motion for a mistrial was granted.

On 6 March 1986, prior to a second trial, defendant filed a motion to dismiss the indictment on double jeopardy...

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