State v. Partin

MORRIS, Chief Judge.

By various assignments of error, defendants contend that the constitutional prohibition against double jeopardy has been violated in this case in that defendants have been twice held in jeopardy of the same offense by their being convicted under G.S. 14-34.2 and G.S. 14-33 (b)(1), a lesser included offense of G.S. 14-32 under which both defendants were tried. For the purposes of clarity, we set out those provisions in their entirety:

§ 14-32. Felonious assault with deadly weapon with intent to kill or inflicting serious injury; punishments. — (a) Any person who assaults…