State v. Smith, 6925SC52
| Decision Date | 30 April 1969 |
| Docket Number | No. 6925SC52,6925SC52 |
| Court | North Carolina Court of Appeals |
| Parties | STATE of North Carolina v. Hillard Elmer SMITH. |
Atty. Gen. Robert Morgan and Asst. Atty. Gen. Bernard A. Harrell, for the State.
William H. Chamblee, Hickory, for the defendant appellant.
The Attorney General moves to dismiss the defendant's appeal on the grounds that under the provisions of G.S. § 7A--27 there is no appeal as a matter of right from interlocutory orders in a criminal case.
In State v. Henry, 1 N.C.App. 409, 161 S.E.2d 622, Judge Britt, speaking for the Court, said:
'Appeals of right from the courts of the trial divisions.--
'(b) From any Final judgment of a superior court, other than one described in subsection (a) of this section or one entered in a post-conviction hearing under article 22 of chapter 15, including any final judgment entered upon review of a decision of an administrative agency, appeal lies of right to the Court of Appeals.' (Emphasis added.)
Subsection (d) permits appeals from certain interlocutory orders in civil actions or proceedings, but there is no provision for an appeal as a matter of right from interlocutory orders in criminal actions.'
This Court also said in State v. Lance, 1 N.C.App. 620, 162 S.E.2d 154:
The denial of the defendant's motion to dismiss the charges contained in the bills of indictment is an interlocutory order. From the entry of such an order under the circumstances of this case, there is no appeal as a matter of right. The Attorney General contends in his brief that the Court should dismiss this action and also foreclose it on its merits.
Since we are of the opinion that the attempted appeal should be dismissed, we do not deem it appropriate to consider the matter on its merits. The attempted appeal is therefore dismissed, and the Superior Court should proceed to try the defendant upon the bills of indictment.
Appeal dismissed.
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State v. Ward
...of right. United States v. MacDonald, 435 U.S. 850, 98 S.Ct. 1547, 56 L.Ed.2d 18 (1978); State v. Black, supra ; State v. Smith, 4 N.C.App. 491, 166 S.E.2d 870 (1969). In each instance, the case has not been finally disposed of and the order is interlocutory. If the state is allowed to appe......
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State v. Black
...Lance, 1 N.C.App. 620, 162 S.E.2d 154 (1968); State v. Henry, 1 N.C.App. 409, 161 S.E.2d 622 (1968). In the case of State v. Smith, 4 N.C.App. 491, 166 S.E.2d 870 (1969), an appeal from an order denying defendant's motion to dismiss a bill of indictment against him on the ground that he was......