State v. Lewis
| Decision Date | 30 June 1822 |
| Citation | 9 N.C. 98 |
| Parties | STATE v. LEWIS, A SLAVE. |
| Court | North Carolina Supreme Court |
Two bills of indictment were found against a prisoner at the same term, the one for burglary and larcency, the other for a robbery, and both indictments charged the same felonious taking of the same goods. The prisoner was tried on the first indictment, and found guilty of the larceny, and not guilty of the burglary. Held, that he could not be put on his trial on the second indictment, because it would conflict with the principle "that no one shall be twice put in peril for the same crime," and on the refusal of the Attorney-General to pray judgment on the conviction for larceny the prisoner was allowed his clergy and was discharged.
APPEAL from Norwood, J., at PITT.
At September Term, 1821, of Pitt Superior Court, two bills of indictment against the prisoner were found by the grand jury, the one for burglary and larceny, the other for a robbery. The larceny in the one bill and the robbery in the other were for the same goods and chattels, and there was but one .taking. At the same term the prisoner was found guilty of the larceny and not guilty of the burglary.
On this conviction, the Attorney-General did not pray any judgment, nor was any pronounced; and at the time of the prisoner's arraignment no motion was made by his counsel that the prosecuting officer should elect on which indictment he would try the prisoner. At March Term, 1822, the prisoner was brought to the bar, and the Attorney-General directed a nol pros. to be entered on the indictment which had been tried at the preceding term, but Norwood, J., refused to permit the nol pros. The Attorney-General then moved to arraign the prisoner on the indictment for robbery. This also was refused by the court until the first indictment should be disposed of, and on the refusal of the Attorney-General to pray judgment on the first indictment, the court quashed the indictment for robbery. On motion of prisoner's counsel, his clergy was allowed him on the conviction for larceny, and on the further refusal of the Attorney-General to pray judgment, the prisoner was ordered to be discharged; whereupon, in behalf of the State, the prosecuting officer appealed to this Court.
It is admitted in this case that both indictments are for the same felonious taking of the same goods. The defendant is found guilty of a grand larceny on that indictment which charges a burglary and stealing.
The other indictment is for a robbery....
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...that larceny is a lesser grade or degree of the offense of robbery and conviction of the former bars prosecution of the latter. State v. Lewis, 9 N.C. 98. Where defendant had been acquitted on charges of conspiracy to burglarize a home and of burglariously robbing the home, it was held that......
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