Smith's Criminal Case Compendium
Table of Contents
Evidence
Arrest, Search, and Investigation
Criminal Offenses
Drug Offenses
State v. Payne, 256 N.C. App. 572 (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.