Smith's Criminal Case Compendium
Table of Contents
Evidence
Arrest, Search, and Investigation
Criminal Offenses
Drug Offenses
State v. Payne, ___ N.C. App. ___, 808 S.E.2d 476 (Nov. 21, 2017)
On the particular facts of the case, the trial court’s erroneous entry of judgment of not guilty by reason of insanity did not create a jeopardy bar to further proceedings. The trial court’s order did not constitute an acquittal to which jeopardy attached. Its order, which dismissed the charges with leave, was more akin to a procedural dismissal than a substantive ruling.