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STATE v. CUMBER

No. 73.

185 S.E.2d 141 (1971)

280 N.C. 127

STATE of North Carolina v. Byron Carlton CUMBER.

Supreme Court of North Carolina.

December 15, 1971.

Attorney(s) appearing for the Case

Norman B. Smith and Michael K. Curtis (Smith & Patterson), Greensboro, for defendant appellant.

Robert Morgan, Atty. Gen., and Roy A. Giles, Jr., Staff Atty., Raleigh, for the State.

HUSKINS, Justice:

In establishing the North Carolina Court of Appeals, defining its jurisdiction, and providing a system of appeals, the General Assembly followed the basic principle that there should be only one trial on the merits and one appeal on the law, as of right, in every case. Consequently, double appeals as of right—first to the Court of Appeals and then to the Supreme Court—are authorized only in three instances specified by G.S. ...

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