State v. Alston

BRANCH, Justice.

Defendant first assigns as error the denial of his plea of former jeopardy. At the 9 May 1977 Session of Cumberland Superior Court, defendant was put to trial on the same charges for which he was prosecuted in instant case. After several hours of deliberation, the jury transmitted the following note to the presiding judge:

Your Honor, due to lack of sufficient evidence, the jury cannot come to the agreement that this defendant, George Alston, is in fact the man that committed these crimes.

Thereafter the jury returned to the courtroom and the following dialogue took place:.…