State v. Reid, 166
| Decision Date | 03 March 1965 |
| Docket Number | No. 166,166 |
| Citation | 140 S.E.2d 547,263 N.C. 825 |
| Court | North Carolina Supreme Court |
| Parties | STATE, v. William Jess REID. |
Atty. Gen. T. W. Bruton and Asst. Atty. Gen. James F. Bullock for the State.
Frank Patton Cooke and Joseph B. Roberts, III, Gastonia, for defendant appellee.
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 of this statute, held directly in State v. Wilson, 234 N.C. 552, 67 S.E.2d 748, and in State 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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State v. Elkerson
...an appeal by the State in criminal cases are strictly construed. State v. Harrell, 279 N.C. 464, 183 S.E.2d 638 (1971); State v. Reid, 263 N.C. 825, 140 S.E.2d 547 (1965); State v. Ferguson, 243 N.C. 766, 92 S.E.2d 197 (1956); State v. Cox, 216 N.C. 424, 5 S.E.2d 125 The only statutory auth......
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State v. Coats
...appellee. BROCK, Judge. The State may not appeal from a final judgment allowing a plea of former jeopardy or acquittal. State v. Reid, 263 N.C. 825, 140 S.E.2d 547. However, because of the apparent intrepidity with which the assistant solicitor sought, and the District Court judge allowed, ......
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State v. Peguise, 6814SC372
...specifically held that the State has no right to appeal from a judgment allowing a plea of former jeopardy or acquittal. State v. Reid, 263 N.C. 825, 140 S.E.2d 547; State v. Ferguson, 243 N.C. 766, 92 S.E.2d 197; State v. Wilson, 234 N.C. 552, 67 S.E.2d G.S. § 1--201 provides as follows: '......