State v. Hollars

Defendant’s first assignment of error is to the failure of the court to sustain his plea of former jeopardy. He argues that, since the State failed to protect his constitutional rights in the first trial of these two cases, the court could not again try him for the same offense. The judge correctly denied this plea; this contention has heretofore been decided against defendant. State v. Gainey, 265 N.C. 437, 144 S.E. 2d 249; State v. Anderson, 262 N.C. 491, 137 S.E. 2d 823; State v. White, 262 N.C. 52, 136 S.E. 2d 205.

Defendant next assigns as error the court’s denial of his motion that he be…