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STATE v. BRUNSON

No. 564A89.

393 S.E.2d 860 (1990)

327 N.C. 244

STATE of North Carolina v. Michael Lloyd BRUNSON.

Supreme Court of North Carolina.

July 26, 1990.

Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by Hal F. Askins, Associate Atty. Gen., Raleigh, for State.

Twiford, O'Neal & Vincent by Edward A. O'Neal, Elizabeth City, for defendant-appellant.

MEYER, Justice.

Defendant appeals the decision of the Court of Appeals, holding that jeopardy did not previously attach in his nonjury criminal trial because no testimony or evidence was introduced. We conclude that in a nonjury criminal trial, jeopardy attaches when the court begins to hear evidence or testimony. We therefore affirm the order of the Court of Appeals.

As the procedural context of the case is determinative...

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