allowing successive prosecutions would be "against natural justice, and therefore I cannot believe it to be law"
How later courts described this case
- allowing successive prosecutions would be "against natural justice, and therefore I cannot believe it to be law"
Written by the judges who cited it.
The opinion
I do not remember the case cited by Mr. AVERY. If there was such a case, it was so adjudged on account of some peculiar circumstances now forgotten; but at present I concur in omnibus with ASHE, J.
So there was judgment for the prisoner, and he was discharged.
Cited: S. v. Buchanan , 130 N.C. 662 ; S. v. Hall , 114 N.C. 912 ; S. v. Cutshall , 110 N.C. 541 .