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STATE v. ALSTON

No. 41.

243 S.E.2d 354 (1978)

294 N.C. 577

STATE of North Carolina v. George Smith ALSTON alias George Alston, Jr.

Supreme Court of North Carolina.

April 17, 1978.

Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen., by Jane Rankin Thompson, Associate Atty., Raleigh, for the State.

James M. Cooper, Fayetteville, for defendant appellant.

BRANCH, Justice.

Defendant first assigns as error the denial of his plea of former jeopardy. At the 9 May 1977 Session of Cumberland Superior Court, defendant was put to trial on the same charges for which he was prosecuted in instant case. After several hours of deliberation, the jury transmitted the following note to the presiding judge:

Your Honor, due to lack of sufficient evidence, the jury cannot come to the agreement that this defendant, George Alston...

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