State v. Anderson

Defendant assigns as error the court’s denying his plea of former jeopardy in the felony charge on the prior termination by nolle prosequi of the misdemeanor.

“The test (of former jeopardy) is not whether the defendant has already been tried for the same act, but whether he has been put in jeopardy for the same offense.” State v. Barefoot, 241 N.C. 650, 86 S.E. 2d 424 (1955). And “. . . jeopardy attaches when a defendant in a criminal prosecution is placed on trial: (1) On a valid indictment or information, (2) before a court of competent jurisdiction, (3) after arraignment, (4) after plea,…