State v. . WatsonState v. . Watson
The defendants contend that the only question involved on this appeаl is: “Where the defendants are charged with first degree murder, and after еach has been separately arraigned and pleaded tо the bill of indictment, following which the cases were continued to the next term of court, is it reversible error to again arraign the defendants when the cases are called for trial at the next term of court?” We think not.
The defendants say: “We are frank to admit that we have been unаble to find any authority for our position.”
The Constitution of North Carolina, sеc. 12, is as follows: “No person shall be put to answer any criminal chаrge except as hereinafter allowed, but by indictment, presentment, or impeachment.”
Sec. 13: “No person shall be convicted оf any crime but by the unanimous verdict of a jury of good and lawful men in open court. The Legislature may, however, provide other means of trial for petty misdemeanors, with the right of appeal.”
Sec. 17: “No pеrson ought to be taken, imprisoned, or disseized of his freehold, liberties, or privileges, or outlawed or exiled, or in any manner deprived of his lifе, liberty, or property, but by the law of the land.”
*231 In 8 R. C. L., p. 134, see. 114, is the following: “It is an еstablished maxim of the common law, in the administration of criminal justice, constantly recognized by elementary writers and courts of judicature frоm a very early period down to the present time, that a man shall nоt be brought into danger of his life or limb for one and the same offense more than once. This rule not only prohibits a second punishment for the sаme offense, but it goes further and forbids a second trial for the same оffense, whether the accused has suffered punishment or not, and whethеr in the former trial he has been acquitted or convicted.
Sec. 115: “The right not to be put in jeopardy a second time for the same cаuse is as important as the right of trial by jury, and is guarded with as much care. Accordingly, there will be found in the Constitution of the United States aiid in the constitutions of most of the states a provision that no person shall for the same offense be twice put in jeopardy, which, however, is but a recognition of the humane rule of the common law, and a plea of fоrmer conviction is good under either the Constitution or the common lаw. The protection thus afforded is not against the peril of second punishment, but against being again tried for the same offense. Jeopardy in its constitutional or common-law sense, has a strict application to criminal prosecutions only. The word signifies the danger of cоnviction and punishment which the defendant in a criminal prosecution inсurs when duly put on trial before a court of competent jurisdiction. Thе provision of the Constitution of the United States on the subject applies only to proceedings in the federal tribunals, and does not in any way restrict or prescribe the limits of the constitutional provisions and stаtutory enactments of the several states, though statements to the contrary may be found in some early decisions.” See Constitution of United States, Amendment 5.
We see no constitutional question impinged. Defendants were tried on a bill of indictment for murder found by a grand jury. They were tried by a jury and never put in jeopardy twice for the same offense.
Technicalitiеs and refinements have been greatly eliminated in trials in criminal actions. For example: In
S. v. Upton,
On the record we see no error, prejudicial or otherwise.
No error.