Supreme Court of North Carolina, 1934

State v. Clemmons

Supreme Court of North Carolina · Decided October 31, 1934 · Stacy

207 N.C. 276

Cases that cite this one

3 later published cases cite this decision.

Brock v. North Carolina (Supreme Court of the United States 1953)
State v. Birckhead (N.C. 1962)
State v. Hicks (N.C. 1951)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Stacy, C. J.,

after stating tbe case: Tbe case is controlled by tbe decision in S. v. Bell, 205 N. C., 225, 171 S. E., 50. There was error in withholding from tbe jury’s consideration tbe defendant’s plea of former jeopardy or former acquittal. S. v. King, 195 N. C., 621, 143 S. E., 140; S. v. Ellsworth, 131 N. C., 773, 42 S. E., 699.

Tbe decision in Bell’s case, supra, evidently was not called to tbe attention of tbe learned judge who presided at tbe trial.

*278It is not according to tbe usual course and practice of tbe courts tbat one charged witb crime should be tried over and over to secure a conviction, even though in some instances the guilty may thus escape punishment, for it is better that the guilty few escape than the many innocent be annoyed and harassed by repeated prosecutions over the same matter. S. v. Bell, supra, and cases there cited.

New trial.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.