STATE v. LAY

No. 8127SC696.

290 S.E.2d 405 (1982)

STATE of North Carolina v. William Lawrence LAY.

Court of Appeals of North Carolina.

April 20, 1982.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Joan H. Byers, Raleigh, for the State.

Harris, Bumgardner & Corry by Tim L. Harris and Seth H. Langson, Gastonia, for defendant-appellee.


WELLS, Judge.

Two issues are raised in this appeal: whether this Court has jurisdiction to hear the State's appeal, and whether Judge Kirby correctly applied the doctrine of collateral estoppel to bar the State's relitigation of the validity of the search warrant, on defendant's motion to suppress on the felony charge in Superior Court.

Whether we have jurisdiction to hear this appeal is the threshold issue. The State's right to appeal derives solely from...

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