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STATE v. PEGUISE

No. 6814SC372.

163 S.E.2d 294 (1968)

2 N.C. App. 526

STATE of North Carolina v. Walter Thaniel PEGUISE.

Court of Appeals of North Carolina.

October 9, 1968.

Attorney(s) appearing for the Case

T. Wade Bruton, Atty. Gen., and Andrew A. Vanore, Jr., Raleigh, Staff Atty., for the State.

Pearson, Malone, Johnson & DeJarmon, by W. G. Pearson, II, and C. C. Malone, J., Durham, for defendant appellee.

BRITT, Judge.

G.S. § 15-179 provides those instances in which the State may appeal:

"* * * Where judgment has been given for the defendant— (1) Upon a special verdict. (2) Upon a demurrer. (3) Upon a motion to quash. (4) Upon arrest of judgment. (5) Upon a motion for a new trial on the ground of newly discovered evidence, but only on questions of law. (6) Upon declaring a statute unconstitutional...

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