State v. Coats

BROCK, Judge.

The State may not appeal from a final judgment allowing a plea of former jeopardy or acquittal. State v. Reid, 263 N.C. 825, 140 S.E. 2d 547. However, because of the apparent intre pidity with which the assistant solicitor sought, and the District Court judge allowed, the complete termination of defendant’s trial on 16 November 1972 and the retrail of defendant on 30 November 1972, we feel that it should be stated that we agree with Judge Braswell’s conclusion that jeopardy attached on 16 November 1972, and that under the facts of this case defendant was twice put in jeopardy for…