State v. Booker

BRANCH, Chief Justice.

Defendant assigns as error the denial of his motion to dismiss the charge of murder in the first degree. He argues that his retrial on a charge of murder in the first degree would violate his constitutional right, guaranteed by the Fifth Amendment to the United States Constitution and Article I, Section 19 of the North Carolina Constitution, to be free from being twice placed in jeopardy for the same criminal offense.

At defendant’s first trial the possible verdicts of guilty of first-degree murder, guilty of second-degree murder, and not guilty were submitted to the…