State v. Brock

67 S.E.2d 282, 234 N.C. 390, 1951 N.C. LEXIS 469
Supreme Court of North Carolina·Decided October 31, 1951·Published·Cited by 5 cases

Opinion

Devin, C. J.

This Court is of the opinion unanimously that defendant’s plea of former jeopardy was properly denied. S. v. Dove, 222 N.C. 162, 22 S.E. 2d 231; S. v. Guice, 201 N.C. 761, 161 S.E. 533. But the members of the Court are evenly divided in opinion (Justice Valentine not sitting) whether error in the admission of testimony as to declarations and conduct of Jim Cook in the absence of the defendant was prejudicial requiring a new trial. Hence the judgment of the Superior Court must stand affirmed, without becoming a precedent.

Judgment affirmed.

Yalentine, J., took no part in the consideration or decision of this case.

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State v. Brock, 67 S.E.2d 282, 234 N.C. 390, 1951 N.C. LEXIS 469 (N.C. 1951).

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Related

State v. Allen
100 S.E.2d 333 (Supreme Court of North Carolina, 1957)
Brock v. North Carolina
344 U.S. 424 (Supreme Court, 1953)
State v. Brock
67 S.E.2d 282 (Supreme Court of North Carolina, 1951)