State v. . Davis

Tbe appeal poses tbe question wbetber tbe defendant is entitled to further consideration on bis plea of former jeopardy. Tbe record suggests a negative answer.

In tbe first place, tbe evidence offered is not sufficient to sustain tbe plea. Tbe warrant in tbe city court was not as broad as tbe four-count indictment, nor did it purport to cover tbe same time. S. v. Dills, 210 N. C., 178, 185 S. E., 677. It is true, tbe indictment antedates tbe warrant, and if tbe two were identical and for a continuing offense, tbe plea would probably be good. S. v. Johnson, 212 N. C., 566, 194 S. E., 319. But…