State v. Johnson

VAUGHN, Judge.

Defendant’s first contention on appeal is that the trial court erred in trying defendants for this count of armed robbery when defendants had been previously found guilty of another armed robbery which occurred at the same time and place.

It is well-settled that the “same act may constitute two or more offenses which are distinct from each other” and that in such cases “the accused may be separately prosecuted and punished for each.” 1 Wharton’s Criminal Law, § 394, pp. 537-8. See State v. Nash, 86 N.C. 650; State v. Gibson, 170 N.C. 697, 86 S.E. 774.

The defendants were charged…