HEDRICK, Judge.
The court denied the only motion before it challenging the constitutionality of the statute under which the defendant was charged. The State can appeal from a "judgment for the defendant" which declares a statute unconstitutional. G.S. § 15-179 (6). In this case, however, the trial judge's gratuitous declaration that "[t]he State is prohibited from using the presumptive rule of evidence and only in that limited light is the statute declared unconstitutional...
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