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STATE v. MARTIN

No. 7226SC562.

192 S.E.2d 596 (1972)

16 N.C. App. 609

STATE of North Carolina v. Joe Herman MARTIN.

Court of Appeals of North Carolina.

November 22, 1972.

Attorney(s) appearing for the Case

Atty. Gen., Robert Morgan and Deputy Atty. Gen., Andrew A. Vanore for the State.

Chambers, Stein, Ferguson & Lanning by James E. Ferguson, II, Charlotte, and Karl Adkins, for defendant appellant.

MALLARD, Chief Judge.

The defendant's first assignment of error is that he was subjected to double jeopardy, in violation of his constitutional rights, for that he was retried on charges that he had been previously tried upon, at which former trial the jury had been unable to agree upon a verdict. This assignment of error is overruled. When the mistrial was ordered, the defendant not only made no objection but made the...

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