State v. Baker

Decision Date14 April 1954
Docket NumberNo. 435,435
Citation81 S.E.2d 199,240 N.C. 140
CourtNorth Carolina Supreme Court
PartiesSTATE, v. BAKER et al.

Atty. Gen. Harry McMullan, Asst. Atty. Gen. T. W. Bruton and Charles G. Powell, Jr., Raleigh, Member of Staff, for the State.

Robert L. McMillan, Jr., and Thomas W. Ruffin, Raleigh, for defendants.

ERVIN, Justice.

Since such order is interlocutory and does not determine the cause, an appeal does not lie from an order overruling a motion to quash an indictment or warrant. State v. Burnett, 173 N.C. 750, 91 S.E. 597; G.S. § 15-180. For this reason, the appeal is dismissed.

Appeal dismissed.

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2 cases
  • State v. Griffin
    • United States
    • North Carolina Supreme Court
    • October 9, 1957
    ...be decided. The defendant's appeal presents the question whether the trial court entered a judgment in its nature final. State v. Baker, 240 N.C. 140, 81 S.E.2d 199; State v. Webb, 209 N.C. 302, 183 S.E. After a conviction or plea (guilty or nolo contendere) the court has power: (1) To pron......
  • State v. Weiderman
    • United States
    • North Carolina Court of Appeals
    • November 14, 1973
    ...Court. G.S. § 15--180. A defendant may not appeal from an order denying a motion to quash an indictment or warrant. State v. Baker, 240 N.C. 140, 81 S.E.2d 199. On our own motion, we modify that part of the order of the Superior Court Judge which directs that the case be remanded to the Dis......

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