State v. Jones

JOHNSON, Judge.

The substantive facts outlined above are not seriously disputed. Rather, defendant raises errors of procedure resulting in violation of the constitutional guarantee against double jeopardy.

The underlying error which defendant asserts, and upon which all his other assignments of error are predicated, is that the trial court improperly declared a mistrial at his first trial. The proceedings leading up to the declaration of mistrial were as follows:

The trial began 18 April 1983 in Wake County Superior Court before the Honorable Samuel E. Britt and a duly empan-elled jury. After…