State v. Fambrough
| Citation | 220 S.E.2d 370,28 N.C.App. 214 |
| Decision Date | 17 December 1975 |
| Docket Number | No. 7525SC565,7525SC565 |
| Parties | STATE of North Carolina v. Carl Thomas FAMBROUGH, also known as Carl Thomas McDaniels. |
| Court | Court of Appeal of North Carolina (US) |
Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. Myron C. Banks, Raleigh, for the State.
Butner, Rudisill & Brackett by J. Steven Brackett, Hickory, for defendant.
In reviewing the record as requested by defendant, we 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).
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).
For the reasons stated
In Case No. 75CR692 judgment is arrested;
In Case No. 75CR691 no error.
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State v. Hurst, 8512SC854
...Punishment and the Same Evidence Rule, 8 Wake Forest L.Rev. 243, 243 (1972). Instructive in this regard is State v. Fambrough, 28 N.C.App. 214, 220 S.E.2d 370 (1975). The defendant and another man entered a motel. The defendant held a knife to an employee's throat, and he took $79 along wit......
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State v. Froneberger, 8527SC1148
...(1982); State v. Martin, 47 N.C.App. 223, 267 S.E.2d 35, disc. rev. denied, 301 N.C. 238, 283 S.E.2d 134 (1980); State v. Fambrough, 28 N.C.App. 214, 220 S.E.2d 370 (1975). Thus, absent evidence that the silver was stolen on more than one occasion, defendant could only be convicted of one c......
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