State v. McIntosh, 580
| Decision Date | 19 December 1963 |
| Docket Number | No. 580,580 |
| Citation | 260 N.C. 749,133 S.E.2d 652 |
| Parties | STATE, v. Larry M. McINTOSH. |
| Court | North Carolina Supreme Court |
T. W. Bruton, Atty. Gen., Harry W. McGalliard, Asst. Atty. Gen., for the State.
Robert S. Cahoon, Greensboro, for defendant appellant.
The defendant contends his trial and acquittal on the charge that he assisted Pollart in escaping detection, arrest and punishment, knowing Pollart had committed the robbery, was in effect an acquittal of the charge that he was a participant in that robbery. Admittedly, the plea of former jeopardy should have been sustained if the appellant had already been tried for the robbery.
The cases are numerous in which this Court has considered pleas of former jeopardy. Uniformly the plea has been held good if the first trial was upon a bill of indictment which embraced the offense charged in the second trial. This is the crucial question: Has the defendant been put in jeopardy for the same offense? In State v. Birckhead, 256 N.C. 494, 124 S.E.2d 838; State v. Barefoot, 241 N.C. 650, 86 S.E.2d 424; State v. Hicks, 233 N.C. 511, 64 S.E.2d 871; State v. Bell, 205 N.C. 225, 171 S.E. 50; State v. Malpass, 189 N.C. 349, 127 S.E. 248, and many others this Court has considered the problem. (citing many cases) State v. Birckhead, supra.
Unquestionably armed robbery under G.S. § 14-87 differs in fact and in law from accessory after the fact under G.S. § 14-7. Otherwise a principal might be guilty of robbery and then be guilty of aiding and abetting himself or some other participant in escaping detection, arrest and prosecution. On a charge for robbery the State must show active participation or accessory before the fact. On a charge of accessory after the fact the State must show (1) robbery, (2) the accused knew of it and (3) possessing that knowledge he assisted the robber in escaping detection, arrest and punishment. State v. Williams, 229 N.C. 348, 49 S.E.2d 617. A participant in a felony may no more be an...
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State v. Oliver, 78
...comforts or assists such felon, or who in any manner aids him to escape arrest or punishment. State v. Squire, supra; State v. McIntosh, 260 N.C. 749, 133 S.E.2d 652 (1963). There is no evidence here that Moore was an accessory. The evidence shows that both defendants were present at the sc......
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State v. Jewell
...the principal to a crime and being an accessory after the fact to that crime are two separate and distinct offenses. State v. McIntosh, 260 N.C. 749, 133 S.E.2d 652 (1963), cert. denied, 377 U.S. 939, 84 S.Ct. 1345, 12 L.Ed.2d 302 (1964) (robbery and accessory after the fact of armed robber......
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United States v. Barlow
...June 25, 1948, c. 645, 62 Stat. 684. Government of Virgin Islands v. Aquino, 378 F.2d 540, 552-554 (3d Cir. 1967); State v. McIntosh, 260 N.C. 749, 133 S.E.2d 652 (1963), cert. denied, 377 U.S. 939, 84 S.Ct. 1345, 12 L.Ed.2d 902 (1964); State v. Nicholson, 221 S.C. 399, 70 S.E.2d 632 (1952)......
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State v. Cumber
...of receiving, and double jeopardy is not violated merely because the same evidence is relevant to show both crimes. State v. McIntosh, 260 N.C. 749, 133 S.E.2d 652 (1963), Cert. den., 377 U.S. 939, 84 S.Ct. 1345, 12 L.Ed.2d 302 (1964); State v. Lankford, 31 N.C.App. 13, 228 S.E.2d 641 (1976......