defendant subjected to double jeopardy if convicted twice for same offense
How later courts described this case
- defendant subjected to double jeopardy if convicted twice for same offense
Written by the judges who cited it.
Later courts went against this
Overruled on other grounds by State v. White, 322 N.C. 506 (1988)
310 N.C. 541, 548 , 313 S.E.2d 523, 529 (1984), overruled on other grounds by State v. White, 322 N.C. 506 , 369 S.E.2d 813
The opinion
Justice MARTIN
concurring.
I concur in the excellent opinion by Justice Mitchell, except in the application of the “plain error” rule to alleged evidentiary errors. I remain convinced that this rule should not be applied to *555 evidentiary questions, for the reasons stated in State v. Black, 308 N.C. 736, 744 , 303 S.E. 2d 804, 809 (1983) (Martin, J., concurring).