State v. Fambrough

Court of Appeals of North Carolina

Decided December 17, 1975

Court of Appeals of North Carolina · decided 1975-12-17

Cited by 6 later decisions — most recently July 1986

6 state decisions

Key passage — most relied on by later courts

“[W]e find that only one robbery occurred, in which two kinds of property were taken, money and a pistol. The two indictments charged separate offenses. Clearly both indictments and the evidence relate to what occurred on the same occasion. The same evidence would support a conviction on each charge. Under the “same evidence test,” this amounts to double jeopardy. State v. Ballard, 280 N.C. 479 , 186 S.E. 2d 372 (1972).”

quoted by 1 later decision, including 82 N.C. App. 1 - State v. Hurst

Relies on State v. Ballard · State v. Summrell

Good law ✅— No negative treatment on recordhow we know

Decided 1975-12-17

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CLARK, Judge.

¶1 In reviewing the record as requested by defendant, we find that only one robbery occurred, in which two kinds of *215 property were taken, money and a pistol. The two indictments charged separate offenses. Clearly both indictments and the evidence relate to what occurred on the same occasion. The same evidence would support a conviction on each charge. Under the “same evidence test,” this amounts to double jeopardy, State v. Ballard, 280 N.C. 479, 186 S.E. 2d 372 (1972).

¶2 Though the trial court imposed identical concurrent sentences to imprisonment on each charge, this does not cure the constitutional guarantee against double jeopardy. State v. Summrell, 282 N.C. 157, 192 S.E. 2d 569 (1972).

¶3 For the reasons stated.

¶4 In Case No. 75CR692 judgment is arrested.

¶5 In Case No. 75CR691 no error.

Chief Judge Brock and Judge Hedrick concur.