State v. Leonard
Supreme Court of North Carolina
Appeal by defendant from Rousseau, J., and a jury, September 1951 Term, Dukham. No error. Tbe offense is alleged to bave been committed on 20 June, 1951, wben defendant was on trial upon a warrant alleging that be “did wilfully, maliciously and unlawfully damage the property of John L. Doles by overturning bis automobile, a 1938 Chevrolet eoacb, in tbe extent of approximately $100.00.” Tbe evidence of tbe State in that trial tended to prove that defendant was at Gate No. 1…
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Appeal by defendant from Rousseau, J., and a jury, September 1951 Term, Dukham. No error. Tbe offense is alleged to bave been committed on 20 June, 1951, wben defendant was on trial upon a warrant alleging that be “did wilfully, maliciously and unlawfully damage the property of John L. Doles by overturning bis automobile, a 1938 Chevrolet eoacb, in tbe extent of approximately $100.00.” Tbe evidence of tbe State in that trial tended to prove that defendant was at Gate No. 1 of tbe Erwin Mill Plant in Durham, North Carolina, on 20 April, 1951, between 3 :00 and 3 :30 p.m., and that be at that…
1Opinion of the CourtValentine, J.
The following question is determinative of this appeal: Is the defendant, who has been acquitted by a jury of the charge of malicious injury to personal property, entitled to plead former jeopardy or res judicata as a defense to a charge of perjury alleged to have been committed by him at the former trial?
By an examination of the record, the court below as a matter of law could determine that the charge of perjury and the charge of malicious injury to personal property were not the same, both in fact and in law. Therefore, it was unnecessary to submit to the jury an issue presenting this…
2Cases cited24 opinions
- State v. HicksSupreme Court of North Carolina · 1951
- Allen v. United StatesCourt of Appeals for the Fourth Circuit · 1912
- State v. . NashSupreme Court of North Carolina · 1882
- Jay v. StateAlabama Court of Appeals · 1916
- State v. . MidgettSupreme Court of North Carolina · 1938
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3Cited by7 opinions
- State v. OvermanSupreme Court of North Carolina · 1967
- United States v. WarrenUnited States Court of Military Appeals · 1982
- State v. DeSchepperSupreme Court of Minnesota · 1975
- State v. NobleCourt of Appeals of Arizona · 1966
- State v. KingSupreme Court of North Carolina · 1966
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