State v. Battle

SHARP, Justice.

The “sacred principle of the common law” that no person can twice be put in jeopardy of life or limb for the same offense has always been an integral part of the law of North Carolina. State v. Birckhead, 256 N.C. 494, 124 S.E. 2d 838; State v. Crocker, 239 N.C. 446, 80 S.E. 2d 243; State v. Prince, 63 N.C. 529; State v. Garrigues, 2 N.C. 241 (1795). Therefore, the decision in Benton v. Maryland, 395 U.S. 784, 23 L. Ed. 2d 707, 89 S. Ct. 2056 (1969), which made the double jeopardy provision of the Fifth Amendment applicable to the several states through the Fourteenth…