Supreme Court of North Carolina, 1965

State v. Reid

State v. Reid
Supreme Court of North Carolina · Decided March 3, 1965 · Per Curiam
140 S.E.2d 547; 263 N.C. 825; 1965 N.C. LEXIS 1383 (South Eastern Reporter, Second Series)

State v. Reid

Opinion

PeR Cueiam.

Our statute provides that an appeal to the Supreme Court or superior court may be taken by the State in the cases specified therein, and no other. G.S. 15-179. And this Court, upon consideration *826 of this statute, held directly in S. v. Wilson, 234 N.C. 552, 67 S.E. 2d 748, and in S. v. Ferguson, 243 N.C. 766, 92 S.E. 2d 197, that the State has no right to appeal from a judgment allowing a plea of former jeopardy or acquittal. It is noted that the Attorney General states, with commendable frankness, that he is unable to distinguish the present case from those cited above. Hence, the State’s (purported) appeal •must be and is dismissed.

Appeal dismissed.

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