State v. . Credle

63 N.C. 506

• Court: Supreme Court of North Carolina
• Decided: June 5, 1869
• Status: Published

Opinion

Settle, J.

“ Nemo débet vis vexari, pro una et eadem causa,” is a principle of the common law, as well as of humanity.

The bill of indictment upon which the defendant was put to trial contained two counts, and there was a general verdict of not guilty.

Admitting that there was error in his Honor’s charge, as to the second count, it cannot be reviewed upon appeal by the State; Siate v. Taylor, 1 Hawks 462 — for, while the humanity of our law gives the right of appeal to the accused in'rill cases, the class of cases in which the State has that right/- is-very small.- A legal acquittal in any Court of competent, jurisdiction, if the indictment bé good, as we'- think it was im this case, will preclude any subsequent proceedings before--evéry other Court.

Per Ctjriam. • Appeal dismissed!