STATE v. EVERETT

No. 145.

94 S.E.2d 576 (1956)

244 N.C. 596

STATE v. W. B. EVERETT.

Supreme Court of North Carolina.

October 10, 1956.


Attorney(s) appearing for the Case

Atty. Gen. George B. Patton and Asst. Atty. Gen. Harry W. McGalliard, for the State.

J. Carlton Cherry, Ahoskie, and Prichett & Cooke, Windsor, for defendant, appellee.


BOBBITT, Justice.

Before the 1945 amendment, Ch. 701, 1945 Session Laws, the State had no right of appeal to the superior court from the judgment of an inferior court of competent jurisdiction given for the defendant upon a special verdict. G.S. § 15-179; State v. Nichols, 215 N.C. 80, 200 S.E. 926. The 1945 amendment implies that there may be circumstances under which the State has such right of appeal. Quaere: Unless the statute under which a recorder...

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