{
  "id": 8547829,
  "name": "STATE OF NORTH CAROLINA v. CARL THOMAS FAMBROUGH, also known as CARL THOMAS McDANIELS",
  "name_abbreviation": "State v. Fambrough",
  "decision_date": "1975-12-17",
  "docket_number": "No. 7525SC565",
  "first_page": "214",
  "last_page": "215",
  "citations": [
    {
      "type": "official",
      "cite": "28 N.C. App. 214"
    }
  ],
  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "192 S.E. 2d 569",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1972,
      "opinion_index": 0
    },
    {
      "cite": "282 N.C. 157",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8563853
      ],
      "year": 1972,
      "opinion_index": 0,
      "case_paths": [
        "/nc/282/0157-01"
      ]
    },
    {
      "cite": "186 S.E. 2d 372",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1972,
      "opinion_index": 0
    },
    {
      "cite": "280 N.C. 479",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8572596
      ],
      "year": 1972,
      "opinion_index": 0,
      "case_paths": [
        "/nc/280/0479-01"
      ]
    }
  ],
  "analysis": {
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    "simhash": "1:d208004c4167163f",
    "word_count": 442
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  "last_updated": "2023-07-14T22:58:46.500479+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Chief Judge Brock and Judge Hedrick concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. CARL THOMAS FAMBROUGH, also known as CARL THOMAS McDANIELS"
    ],
    "opinions": [
      {
        "text": "CLARK, Judge.\nIn reviewing the record as requested by defendant, we find that only one robbery occurred, in which two kinds of property were taken, money and a pistol. The two indictments charged separate offenses. Clearly both indictments and the evidence relate to what occurred on the same occasion. The same evidence would support a conviction on each charge. Under the \u201csame evidence test,\u201d this amounts to double jeopardy, State v. Ballard, 280 N.C. 479, 186 S.E. 2d 372 (1972).\nThough the trial court imposed identical concurrent sentences to imprisonment on each charge, this does not cure the constitutional guarantee against double jeopardy. State v. Summrell, 282 N.C. 157, 192 S.E. 2d 569 (1972).\nFor the reasons stated.\nIn Case No. 75CR692 judgment is arrested.\nIn Case No. 75CR691 no error.\nChief Judge Brock and Judge Hedrick concur.",
        "type": "majority",
        "author": "CLARK, Judge."
      }
    ],
    "attorneys": [
      "Attorney General. Edmisten by Special Deputy Attorney General Myron C. Banks for the State.",
      "Butner, Rudisill & Brackett by J. Steven Brackett for the defendant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. CARL THOMAS FAMBROUGH, also known as CARL THOMAS McDANIELS\nNo. 7525SC565\n(Filed 17 December 1975)\nCriminal Law \u00a7 26 \u2014 double jeopardy \u2014 one robbery \u2014 two hinds of property taken \u2014 two convictions\nDefendant was placed in double jeopardy by his conviction of two separate charges of armed robbery where the evidence showed only one robbery in which two kinds of property, money and a pistol, were taken, and the conviction on one charge must be set aside.\nAppeal by defendant from Ferrell, Judge. Judgment entered 3 April 1975, in Superior Court, Catawba County. Heard in the Court of Appeals 20 October 1975.\nDefendant was charged in separate bills of indictment with the armed robbery of Martin Violette. One bill charged the robbery of money; the other charged robbery of a pistol.\nThe State\u2019s evidence tended to show that on or about 10 August 1974, Martin Violette was employed at the Hickory Motor Lodge; that on 10 August he was sitting in the lobby of the motel when two black men came in through the west door with knives and one of them said, \u201cWe want your money.\u201d Violette testified that the defendant did all the talking and walked Violette to the counter with a knife at his throat. Violette identified Fambrough as the man who put the knife to his throat on that day and took $79 along with a pistol. There was also testimony received from the lady who sold the pistol to Violette and from a man who bought the pistol from defendant.\nThe defendant testified in his own behalf. A jury found defendant guilty on both charges and from concurrent prison sentences, defendant appeals.\nAttorney General. Edmisten by Special Deputy Attorney General Myron C. Banks for the State.\nButner, Rudisill & Brackett by J. Steven Brackett for the defendant."
  },
  "file_name": "0214-01",
  "first_page_order": 242,
  "last_page_order": 243
}