State v. Dudley

Justice Martin

concurring in part and dissenting in part.

I concur in the majority holding that there was no error in the guilt phase of defendant’s trial. I dissent to this Court’s review of the double jeopardy issue that counsel concedes has *661been waived by defendant. I do not find this to be a proper instance for this Court to grant extraordinary relief. No new principles of law are involved, nor do the actions of the trial court affect the general jurisprudence of the state. Without raising this issue before the trial court, defendant cannot argue it upon appellate review. State v. Mitchell, 317 N.C. 661, 346 S.E. 2d 458 (1986).