State v. Hall

PHILLIPS, Judge.

The first of three questions raised by the defendants, either jointly or severally, is whether punishing each of them for both convictions — breaking or entering with the felonious intent to commit larceny therein in violation of G.S. 14-54, and larceny committed pursuant to such breaking or entering as provided in G.S. 14-72(b)(2) — violates the ban against double jeopardy contained in the constitutions of this state and the United States. State v. Edmondson, 316 N.C. 187, 340 S.E. 2d 110 (1986), which upheld earlier holdings to the same effect by this Court, requires that…