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STATE v. BROWN

No. 7519SC961.

223 S.E.2d 572 (1976)

29 N.C. App. 180

STATE of North Carolina v. Phillip Edward BROWN.

Court of Appeals of North Carolina.

April 7, 1976.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten, by Asst. Atty. Gen. Charles J. Murray, Raleigh, for the State.

John D. Ingle, Hickory, for defendant-appellee.

BRITT, Judge.

G.S. 15-179 provides as follows:

"When State may appeal.—Except as provided in G.S. 15A-979(c), an appeal to the appellate division 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. (3) Upon a motion to quash. (4) Upon arrest of judgment. (5) Upon...

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