State v. Moffitt

BRITT, Judge.

Defendant’s first assignment of error relates to the refusal of the trial judge to quash the bill of indictment on which defendant was tried, it being returned at the 11 May 1970 session of the court. Defendant contends that another bill charging the same offenses was returned against him at the 5 January 1970 session and that no disposition had been made of the former bill. The assignment of error is without merit. In State v. Hastings, 86 N.C. 596 (1882), defendant was tried on a third bill of indictment charging the same offense, and the Supreme Court in upholding the trial…