State v. Hicks

It is an ancient and basic principle of criminal jurisprudence that no one shall be twice put in jeopardy for the same offense. S. v. Mansfield, 207 N.C. 233, 176 S.E. 761. Several criteria have been prescribed by the authorities for determining in diverse situations whether two indictments are for the same offense. The one applicable on the present record is the “same-evidence test,” which is somewhat alternative in character. It is simply this : Whether the facts alleged in the second indictment, if given in evidence, would have sustained a conviction under the first indictment (S. v.…