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STATE EX REL. LEONARD v. HUSKEY

No. 8329SC967.

309 S.E.2d 726 (1983)

STATE of North Carolina, ex rel. Alan C. LEONARD District Attorney for the Twenty-ninth Judicial District v. Damon H. HUSKEY, Sheriff of Rutherford County.

Court of Appeals of North Carolina.

December 20, 1983.

Attorney(s) appearing for the Case

Dist. Atty. Alan C. Leonard and Asst. Dist. Atty. Jefferson C. McConnaughey, Rutherfordton, for petitioner.

T. Eugene Mitchell, Spindale, J. Nat Hamrick, Sr., Rutherfordton, and George R. Morrow, Forrest City, for defendant.

WELLS, Judge.

Before turning to the merits of this appeal, we first consider whether petitioner's appeal should be dismissed as interlocutory.

"Ordinarily, an appeal from an interlocutory order will be dismissed as fragmentary and premature unless the order affects some substantial right and will work injury to appellant if not corrected before appeal from final judgment." (Citations omitted). Stanback v. Stanback, 287 N.C. 448

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