State v. Fambrough

Court of Appeals of North Carolina

State v. Fambrough

220 S.E.2d 370, 28 N.C. App. 214, 1975 N.C. App. LEXIS 1719

CourtCourt of Appeals of North Carolina

DecidedDecember 17, 1975

Docket7525SC565

StatusPublished

Cited by3 cases

This text of 220 S.E.2d 370 (State v. Fambrough) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Fambrough, 220 S.E.2d 370, 28 N.C. App. 214, 1975 N.C. App. LEXIS 1719 (N.C. Ct. App. 1975).

Pincite

Opinion

CLARK, Judge.

In reviewing the record as requested by defendant, we find that only one robbery occurred, in which two kinds of *215 property were taken, money and a pistol. The two indictments charged separate offenses. Clearly both indictments and the evidence relate to what occurred on the same occasion. The same evidence would support a conviction on each charge. Under the “same evidence test,” this amounts to double jeopardy, State v. Ballard, 280 N.C. 479, 186 S.E. 2d 372 (1972).

Though the trial court imposed identical concurrent sentences to imprisonment on each charge, this does not cure the constitutional guarantee against double jeopardy. State v. Summrell, 282 N.C. 157, 192 S.E. 2d 569 (1972).

For the reasons stated.

In Case No. 75CR692 judgment is arrested.

In Case No. 75CR691 no error.

Chief Judge Brock and Judge Hedrick concur.

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