State v. Wiggins
State v. Wiggins
Opinion of the Court
Defendant contends that “[a] careful consideration as to the elements of conspiracy and accessory before the fact will lead to the inevitable conclusion that defendant . . . was twice placed in jeopardy.” We disagree. A defendant may be convicted for both conspiracy to commit robbery and the commission of that same robbery. To support the plea of double jeopardy, it is of no consequence that the earlier prosecution grew out of the same transaction. It must have been the same offense both in fact and in law.
Upon an indictment for the principal offense a defendant may be convicted of a lesser degree of the same crime. The crime of accessory before the fact to robbery -is included in the indictment for robbery. As we held on the earlier appeal, the insuffi
Defendant’s remaining assignments of error are also without merit.
No error.
Reference
- Full Case Name
- STATE OF NORTH CAROLINA v. CLARENCE EDWARD WIGGINS
- Cited By
- 1 case
- Status
- Published