State v. Stinson

When at defendant’s trial at the May 1964 Criminal Session a judgment of nonsuit was entered by the court on his motion, it had “the force and effect of a verdict of ‘not guilty’ as to such defendant” of the charges averred in the indictment on which he was being tried. G.S. 15-173; S. v. Smith, 236 N.C. 748, 73 S.E. 2d 901.

If there is anything settled beyond reconsideration in the criminal jurisprudence of England and America, it is that no one shall twice be put in jeopardy for the same offense, both in law and in fact. S. v. Hicks, 233 N.C. 511, 64 S.E. 2d 871; Ex parte Lange, 18 Wall.…