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STATE v. HARGROVE

No. COA08-1538.

697 S.E.2d 479 (2010)

STATE of North Carolina v. Brian Lamont HARGROVE.

Court of Appeals of North Carolina.

August 17, 2010.

Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorney General Charles E. Reece, for the State.

Jarvis John Edgerton, IV, Durham, for defendant-appellant.

WYNN, Judge.

"[A] defendant is not entitled by reason of former jeopardy to dismissal of the charge against him, where he failed to object to the trial court's termination of his first trial by a declaration of mistrial."1 In the present case, Defendant Brian Lamont Hargrove argues that the trial court erred in denying his motion to dismiss the charges against him on the grounds of double jeopardy, when his prior trial on the same charges...

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