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160 IN THE COURT OF APPEALS [I6
State v. Allen
2. Constitutional Law 5 34- mistrial - second trial for same offense -
double jeopardy
The second trial of defendant for first degree murder after the
first trial ended in mistrial when the State introduced evidence of the
murder of one "Evin H. Parrish," the indictment having charged the
murder of "Ervin H. Parrish," violated defendant's right against
double jeopardy.
ON certiorari to review the judgment of Clark, Judge, 29
November 1971 Session of Superior Court held in JOHNSTON
County.
On 3 November 1969, defendant was charged in a warrant
with the crime of murder in the first degree of one "Evin H.
Parrish." At the 1 December 1969 Session of the Superior
Court of Johnston County the Grand Jury returned a true bill
of indictment for murder in the first degree, charging the mur-der
of a person whose name appeared in the indictment as
"Ervin H. Parrish." The defendant was arraigned and the case
continued one term session.
At the 7 December 1970 Session of Superior Court of
Johnston County the defendant, represented by counsel, attempt-ed
to plead guilty to murder in the second degree; however,
Judge Bailey disallowed the plea asserting the defendant was
pleading not guilty by reason of self-defense. The defendant
was placed in custody.
At the 15 February 1971 Session of Superior Court of
Johnston County, the defendant was arraigned, pleaded not guil-ty
and was placed on trial before a duly empaneled jury for the
capital crime of murder. The Solicitor for the State called the
first witness who was asked if he knew "Evin H. Parrish."
Defendant objected on the ground that the victim of the crime
of murder alleged in the bill of indictment was therein identi-fied
as "Ervin H. Parrish."
After colloquy between court and counsel the court, "in its
discretion," ordered a juror withdrawn and declared a mistrial.
Defendant excepted to the order. The State excepted to the
order of mistrial and gave notice of appeal. The dismissal of
the State's attempt to appeal is reported in State u. Allen,
279 N.C. 492,183 S.E. 2d 659.
On 29 November 1971, the Solicitor obtained a new indict-ment
charging defendant with the crime of murder in the second
Object Description
| Title | North Carolina Court of Appeals Reports [v.016, Fall Session Session 1972] |
| Creator | North Carolina. Court of Appeals. |
| Date | 1973 |
| Subjects | Law reports, digests, etc.--North Carolina; Court records--North Carolina |
| Place | North Carolina, United States |
| Description | Volume 16, Fall Session Session 1972. Cited as 16 N.C.App. The North Carolina Court of Appeals Reports are the official report of opinions of the North Carolina Court of Appeals. Includes cases and other information about the courts of North Carolina. |
| Publisher | Court of Appeals of North Carolina |
| Agency-Current | North Carolina Court of Appeals, Judicial Department |
| Rights | State Document see http://digital.ncdcr.gov/u?/p249901coll22,63754 |
| Collection | North Carolina State Documents Collection. State Library of North Carolina |
| Type | Text |
| Language | English |
| Format | Reports; Legal documents |
| Digital Characteristics-A | 35.8 MB; 826 p. |
| Serial Title | North Carolina Court of Appeals Reports |
| Digital Collection | North Carolina Digital State Documents Collection |
| Digital Format | application/pdf |
| Pres File Name-M | pubs_serial_courtofappealsreports_vol_016.pdf |
| Pres Local File Path-M | \Preservation_content\StatePubs\pubs_law\images_master\ |
| OCLC Number-Original | 1681248 |
Description
| Title | Page 184 |
| Full Text | 160 IN THE COURT OF APPEALS [I6 State v. Allen 2. Constitutional Law 5 34- mistrial - second trial for same offense - double jeopardy The second trial of defendant for first degree murder after the first trial ended in mistrial when the State introduced evidence of the murder of one "Evin H. Parrish" the indictment having charged the murder of "Ervin H. Parrish" violated defendant's right against double jeopardy. ON certiorari to review the judgment of Clark, Judge, 29 November 1971 Session of Superior Court held in JOHNSTON County. On 3 November 1969, defendant was charged in a warrant with the crime of murder in the first degree of one "Evin H. Parrish." At the 1 December 1969 Session of the Superior Court of Johnston County the Grand Jury returned a true bill of indictment for murder in the first degree, charging the mur-der of a person whose name appeared in the indictment as "Ervin H. Parrish." The defendant was arraigned and the case continued one term session. At the 7 December 1970 Session of Superior Court of Johnston County the defendant, represented by counsel, attempt-ed to plead guilty to murder in the second degree; however, Judge Bailey disallowed the plea asserting the defendant was pleading not guilty by reason of self-defense. The defendant was placed in custody. At the 15 February 1971 Session of Superior Court of Johnston County, the defendant was arraigned, pleaded not guil-ty and was placed on trial before a duly empaneled jury for the capital crime of murder. The Solicitor for the State called the first witness who was asked if he knew "Evin H. Parrish." Defendant objected on the ground that the victim of the crime of murder alleged in the bill of indictment was therein identi-fied as "Ervin H. Parrish." After colloquy between court and counsel the court, "in its discretion" ordered a juror withdrawn and declared a mistrial. Defendant excepted to the order. The State excepted to the order of mistrial and gave notice of appeal. The dismissal of the State's attempt to appeal is reported in State u. Allen, 279 N.C. 492,183 S.E. 2d 659. On 29 November 1971, the Solicitor obtained a new indict-ment charging defendant with the crime of murder in the second |
