State v. Case

When, in either a post-conviction hearing or a habeas corpus proceeding, at the prisoner’s request, the court vacates a judgment against him and directs a new trial, the prisoner waives his constitutional protection against double jeopardy, and he may be tried anew on the same indictment for the same offense. In such case, a plea of former jeopardy will avail him nothing. State v. Hollars, 266 N.C. 45, 145 S.E. 2d 309; State v. Gainey, 265 N.C. 437, 144 S.E. 2d 249; State v. Merritt, 264 N.C. 716, 142 S.E. 2d 687; State v. White, 262 N.C. 52, 136 S.E. 2d 205. In this case, however, the new…