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STATE v. MAYES

No. 7617SC590.

230 S.E.2d 563 (1976)

31 N.C. App. 694

STATE of North Carolina v. Dennis MAYES.

Court of Appeals of North Carolina.

December 15, 1976.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Gen. Elizabeth C. Bunting, Raleigh, for the State.

Oliver & Royster by Stephen G. Royster, Mount Airy, for defendant-appellant.

ARNOLD, Judge.

Defendant contends that at the trial de novo in superior court his motion to quash the felony indictment, which arose out of the same conduct for which he received the misdemeanor conviction in district court, should have been allowed. He is correct.

In Blackledge v. Perry, 417 U.S. 21, 94 S.Ct. 2098, 40 L.Ed.2d 628 (1974), it was held that the prosecutor could not "up the ante" and try a person...

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