(DOWNLOAD) "North Carolina v. Hopkins" by Supreme Court of North Carolina No. 51 # eBook PDF Kindle ePub Free
eBook details
- Title: North Carolina v. Hopkins
- Author : Supreme Court of North Carolina No. 51
- Release Date : January 13, 1971
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 54 KB
Description
The constitutional right not to be placed in jeopardy twice for the same offense, like other constitutional rights, may be waived by the defendant and such waiver is usually implied from his action or inaction when brought to trial in the subsequent proceeding. Harris v. United States, 237 F.2d 274; Brady v. United States, 24 F.2d 405; 22 C.J.S., Criminal Law, § 277. In State v. Gainey, 265 N.C. 437, 144 S.E.2d 249, speaking through Chief Justice Denny, this Court said: ""A subsequent plea of guilty constitutes a waiver of the plea of former jeopardy. 14 Am. Jur., Criminal Law, § 280, page 958."" The Supreme Court of Kansas said in Cox v. State, 197 Kan. 395, 416 P. 2d 741, 747, ""Even if double jeopardy is raised as a defense it is abandoned by a subsequent plea of guilty."" In Berg v. United States, 176 F.2d 122, cert. den., 338 U.S. 876, 70 S. Ct. 137, 94 L. Ed. 537, the Court of Appeals for the Ninth Circuit said, ""Double jeopardy is a personal defense and is waived by plea of guilty."" See also, 22 C.J.S., Criminal Law, § 277.
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