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STATE v. COATS

No. 7211SC807.

194 S.E.2d 366 (1973)

17 N.C. App. 407

STATE of North Carolina v. Sherrill Allen COATS.

Court of Appeals of North Carolina.

February 21, 1973.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, by Associate Atty. Gen. Howard A. Kramer, for the State.

Stewart & Hayes, by D. K. Stewart, Dunn, for defendant appellee.

BROCK, Judge.

The State may not appeal from a final judgment allowing a plea of former jeopardy or acquittal. State v. Reid, 263 N.C. 825, 140 S.E.2d 547. However, because of the apparent intrepidity with which the assistant solicitor sought, and the District Court judge allowed, the complete termination of defendant's trial on 16 November 1972 and the retrial of defendant on 30 November 1972, we...

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