State v. Edmondson
This text of 340 S.E.2d 110 (State v. Edmondson) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinions
The defendant’s sole contention is that prohibitions in the Constitution of the United States and the Constitution of North Carolina against placing a person twice in jeopardy prohibited his convictions and punishment, in a single trial, for both felony breaking or entering, N.C.G.S. § 14-54(a), and felonious larceny based upon the same breaking or entering, N.C.G.S. § 14-72(b)(2). When faced with the identical question in the recent case of State v. Gardner, 315 N.C. 444, 340 S.E. 2d 701 (1986), we specifically held that conviction and punishment for both such offenses in a single trial is not prohibited by the provisions of either the Constitution of the United States or the Constitution of North Carolina. For reasons fully discussed in Gardner, we conclude that the defendant in the present case received a fair trial free of prejudicial error. The decision of the Court of Appeals is affirmed.
Affirmed.
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Cite This Page — Counsel Stack
340 S.E.2d 110, 316 N.C. 187, 1986 N.C. LEXIS 1919, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-edmondson-nc-1986.