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STATE v. HORTON

No. 7010SC70.

172 S.E.2d 887 (1970)

7 N.C. App. 497

STATE of North Carolina v. Virgie HORTON.

Court of Appeals of North Carolina.

April 1, 1970.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, by Staff Atty. Christine Y. Denson, Raleigh, for the State.

William W. Merriman, III, Raleigh, for defendant appellee.

BRITT, Judge.

Is an appeal by the State in the instant case permissible? A review of pertinent statutes and other authorities impels us to answer in the negative.

G.S. § 15-179 provides as follows:

"An appeal to the Supreme Court or superior court may be taken by the State in the following cases, and no other. Where judgment has been given for the defendant— (1) Upon a special verdict. (2) Upon a demurrer.

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