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North Carolina v. Lackey12/4/1984
der the Fifth and Fourteenth Amendments of the United States Constitution." Id. at 421, 65 L. Ed. 2d at 238, 100 S. Ct. at 2267. This Court cited and followed Vitale in State v. Griffin, 51 N.C. App. 564, 277 S.E.2d 77 (1981), wherein we held that a defendant previously convicted of failure to yield the right-of-way could not subsequently be prosecuted for the offense of death by vehicle based on the underlying violation of failure to yield the right-of-way.
I think it clear from an examination of the record and the above-cited authorities that defendant in the instant case has twice been put in jeopardy for the offense of driving under the influence . Accordingly, I vote to arrest judgment in the case wherein defendant was convicted of involuntary manslaughter.
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