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STATE v. TATE

No. 7918SC599.

261 S.E.2d 506 (1980)

44 N.C. App. 567

STATE of North Carolina v. C. Richard TATE.

Court of Appeals of North Carolina.

January 15, 1980.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. Lester V. Chalmers and Asst. Atty. Gen. Joan H. Byers, Raleigh, for the State.

W. B. Byerly, Jr., High Point and Walter E. Clark, Jr., Greensboro, for defendant-appellee.

CLARK, Judge.

N.C.Gen.Stat. § 15A-1445 specifically authorizes the State to appeal from an order of the trial court allowing a motion to suppress under N.C.Gen.Stat. § 15A-979. If the motion made by the defendant was a motion in limine to exclude evidence and under the facts does not also qualify as a more limited motion to suppress under N.C.Gen.Stat. § 15A-979, the State has no right of direct appeal, from the order, and the appeal must be...

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