State v. Allen

VAUGHN, Judge.

Defendant assigns as error that his plea of former jeopardy was denied.

The common law principle that no person can be twice put in jeopardy of life or limb for the same offense is now guaranteed by both the federal and the state constitutions. State v. Cutshall, 278 N.C. 334, 180 S.E. 2d 745. State v. Prince, 63 N.C. 529.

Jeopardy attaches in North Carolina when a defendant is placed on trial: (1) on a valid indictment or information, (2) before a court of competent jurisdiction, (3) after arraignment, (4) after plea, and (5) when a competent jury has been impaneled and sworn to…