TOT CHOWAN HERALD, EDENTON, NORTH CAROLINA
Tills Is The Law
By ROBERT E. LEE
(For the N. 0. Bar Association
DOUBLE JEOPARDY
Henry Collins was sus
pected of havin'* committed
1-obberv. The Solicitor draft
ed and sent to the Grand
Jury a bill of indictment
charging Henry Collins with
robbery. Numerous wit
nesses testified hefore the
Grand Jury. The Grand
Jury found “Not a true bill.”
Two years later the Solicitor
drafted and sent to the
Grand Jury a second bill of
indictment charging Henry
Collins with the same rob
bery. This time the Grand
Jury, composed of a differ
ent group of inrors. return
ed a “True Bill.” When the
case came up for trial in
the Superior Court, Collins
plead as a defense “douhle
jeopardy.” Is this a valid
defense?
No. The presentment of )
bill of indictment to a Grand
Jury does not suhiect the
defendant to ieonardv. Col
l|ns ma" be tried and con
victed of robbery.
'ft'e Grand Jury is not a
trial court, b"t an inyestigg
torv hodv and no Question of
dcuhle jeonardv is present
ed when it repeatedly mo^es
investigations under bills
presented to it.
It is a fundamental and
sacred principle of the com
mon law that no person can
he twice nut. in ieopardv of
his life and limb for the
same defense. Tt is also in
corporated into t llO Cor> ct '*"-
tions of tb« TTnitel States
and North Carolina.
At what noint in a crim
inal proceeding jg a person
put ip jeepardv?
The Pnnreme Court of
North Carolina has said:
“Jpnpardy attaches when a
d“fpndant in a criminal nre.
secntion is nlaced on trial
dl fin a valid indictment or
information. (91 before a
court of rorriDetpnt inrisdic
t’ep, (3) after anrai<mment
(41 after pjea. and (51 when
a competent iury has been
imnapeled and sworn to
make a true deliverance of
the case.”
A defendant cannot be
considered as nut in ieon
ardv bv a court that has no
iurisdiction because an v
indvment that might be ren
dered against him would ho
void. Hence, an acauittal
hv a court not having iur
isdiction is no bar to a snh
secuient nrnsecution for the
some offense in a court of
competent jurisdiction.
All of the 1? men nf a
jurv cannot. prrr<oo n I
yprdict. The ills ) 'Tp I
a mistrial. May the d.
ant be tried a f j rri p I
for the same offense’
Yes. A trial con-* i.-d--
mav. without prejudicing e
future prosecution, disch- —
a iufy where it anpeers *'--*
after a reasonable time
deliberation has been a’’-,...
ed a verdict has not v—-n
a creed op and ther~ !c
probability of an anw-r-t
Dangerous Fmit
Two hillbillies who had
never been on a train before
had been drafted and were
on their way to camp. A
food merchant came through
the train sclline bananas.
The two mountaineers had
never seen bananas and each
bought one. As one of them
bit into his. the train entered
a tunpel. I-lis voice came to
his companion in the dark
ness:
“Jed, have you eaten your
banana yet?”
“Not yet,” answered Jed.
“Why?”
“Well, don’t touch it. I’ve
taken one bite and gone
plumb blind.”
STERNO
A can of Stemo poured in
your ice fishing holes will
Steep them from freezing up
ggain.
Attention!
Something
■ iJaiail
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i
Outdoor Tips
from the Ancient Age
Sportsman’s Idea Exchange
FRESH FISH
Olden way to keep fish
fresh in a creel was to line
it with ferns from stream
side. More modem way is
to fill creel with several
plastic bags to encase fisVi
in. Prevents fish drying out.
Keeps creel fresh.
WET WEATHER STARTER
The middle of dead limbs
contains dry wood even in
the wettest weather. Break
off limb and dig out the
center with knife. Gives
enough dry tinder, to get fire
going.
DRY BOOTS
A bucket of sand left next
to the stove will insure that
you have dry boots the next
morning. Pour sand in, let
sit, pour out. Boots are
warm and dry.
GET YOUR DEER
You mav get your deer
without firing a shot. Trick
is take a good sunplv of
plastic bags with vou. Other
hunters without bags won’t
take hearts or liver because
of mess. You get ’em in
the bag.
SAFETY ROPE
If vou don’t want to shell
out for a safety chain on
your outboard motor, a rone
will do as well. Tie one
end to motor, the other to a
seat.
LIGHT UP TENT
A few strips of luminous
tape stuck on the side of
your tent will light ii un in
a flashlight’s beam at night
WARM HANDS
Fishine in iov cold weath
er, “wash” hands in vase
line. Surprising how it
warms ’em.
FAST REWRAP
If you’ve got to rewind a
loose guide cn your rod at
the last minute, naint it with
clue rather than varnish.
Varnish takes 24 hours to
drv well. Glue takes 10
minutes.
SMELT MINNOWS
Smelts caught in the
spring make good bait later
on in the season when min
nows are hard to find
Freeze a supply when the
run’s on.
BUTTON UP
Pearl buttons makp good
baits for hluegills. Thread
line through a couple and
put a small snoon or spin
ner on the end. See if you
don’t get more hits.
CHUM PANFISH
Panfish will bite quicker
if you toss a few worms in
to the water around vour
bait. Offerings get them
feeding.
SKIN A eisH
Often “muddv” flavor of
some fish come- from their
skin. Take sk>n off the
easy wav Ii 1 -'* *his: Dio fish
in not of boiling water to
which sal* has been added.
Let sit .’0 seconds. Skin
scrapes off with a knife.
NO RATTLE
Attach suction cuds to the
bottom of vour tackle box.
T l won’t rattle around now
iri your boat.
BULLHEADED
Bullheads will bite on
br°ad if you peel the crust
off and roll the rest into a
little ball. Mix in a small
amount of cotton to give
substance.
CREEK BOAT
Cut a 55-gallon steel drum
in half (he long way down
the middle, to form two
troughs. Cut one end out of
each frouoh and weld two
pieces together. Flatten bot
tom as much as possihte.
Cut- holder for oars and line
with rubber. You’ve got a
creek boat.
SHELL FIRE
Shot-runners keon their
empties because they know
the hulls can be used to
make a little warming fire.
CROW DECOY
Bend wire coat hangers in
the shape of a crow. Si in
an old black sock over the
hanger. You've got a decoy.
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