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STATE v. BRUNSON

No. 881SC1148.

385 S.E.2d 542 (1989)

STATE of North Carolina v. Michael Lloyd BRUNSON.

Court of Appeals of North Carolina.

November 21, 1989.

Attorney(s) appearing for the Case

Atty. Gen. Thornburg by Asst. Atty. Gen. Hal F. Askins, Raleigh, for the State.

Twiford, O'Neal & Vincent by Edward A. O'Neal, Elizabeth City, for defendant-appellee.

PHILLIPS, Judge.

The order the State is appealing dismissed its warrant charging defendant with impaired driving on the ground that it would twice put him in jeopardy for the same offense in violation of the guarantees contained in Article I, Sec. 19 of the North Carolina Constitution and the Fifth Amendment of the United States Constitution. That there was an earlier prosecution for the same offense which was voluntarily dismissed by the District Attorney because...

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