¶1 The principal question for decision is whether the court was justified in declining to submit the issue of former acquittal to the jury. The position of the trial court is supported by the apposite authorities. S. v. Davis, 223 N. C. 54, 25 S. E. (2) 164, and cases cited.
¶2 The plea of former jeopardy, to be good, must be grounded on the “same offense,” both in law and in fact. S. v. Hankins, 136 N. C. 621, 48 S. E. 593; S. v. Taylor, 133 N. C. 755; 46 S. E. 5; S. v. Nash, 86 N. C. 650. Here, there is a difference, both in law and in fact, between the former charge of manslaughter and the present indictment. S. v. Midgett, 214 N. C. 107, 198 S. E. 613; S. v. Malpass, 189 N. C. 349, 127 S. E. 248. Hence, the trial court was justified in holding as a matter of law that the defendant’s plea could not be sustained.
¶3 The cases of S. v. Bell, 205 N. C. 225, 171 S. E. 50, and S. v. Clemmons, 207 N. C. 276, 176 S. E. 760, and the principles they illustrate, are not applicable to the facts of the instant record.
¶4 As the trial was free from reversible error, the verdict and judgment will be upheld.
¶5 No error.