Opinion · Supreme Court of North Carolina
State v. Brock
State v. Brock, 234 N.C. 390 (N.C. 1951)
- Type
- Opinion
- Court
- Supreme Court of North Carolina
- Jurisdiction
- North Carolina
- Date
- 1951-10-31
- Topic
- general
Devin, C. J. This Court is of the opinion unanimously that defendant’s plea of former jeopardy was properly denied. S. v. Dove, 222 N.C. 162, 22 S.E. 2d 231; S. v.
Citator
UpLaw has not yet analyzed State v. Brock. The absence of a flag is not a finding that it is good law.
- Authority status
- pending
- Cited by
- 5 opinions
This Court is of the opinion unanimously that defendant’s plea of former jeopardy was properly denied. S. v. Dove, 222 N.C. 162, 22 S.E. 2d 231; S. v. Guice, 201 N.C. 761, 161 S.E. 533. But the members of the Court are evenly divided in opinion (Justice Valentine not sitting) whether error in the admission of testimony as to declarations and conduct of Jim Cook in the absence of the defendant was prejudicial requiring a new trial. Hence the judgment of the Superior Court must stand affirmed, without becoming a precedent.
Judgment affirmed.
Yalentine, J., took no part in the consideration or decision of this case.