STATE v. EVANS

No. 9114SC230.

412 S.E.2d 146 (1992)

105 N.C. App. 236

STATE of North Carolina v. Randy L. EVANS.

Court of Appeals of North Carolina.

January 21, 1992.


Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Linda Anne Morris, Raleigh, for the State.

Berman and Shangler by Dean A. Shangler, Durham, for defendant, appellant.


HEDRICK, Chief Judge.

The two assignments of error brought forward and argued on appeal present the question of whether the State was barred on double jeopardy grounds from prosecuting defendant for assault with a deadly weapon in violation of G.S. 14-34.2.

The Fifth Amendment to the United States Constitution provides "... nor shall any person be subject to the same offense to be twice put in jeopardy of life or limb...." The Supreme Court has consistently...

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