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STATE v. PARSONS

No. 8825SC363.

374 S.E.2d 123 (1988)

92 N.C. App. 175

STATE of North Carolina v. Bynum H. PARSONS.

Court of Appeals of North Carolina.

December 6, 1988.

Attorney(s) appearing for the Case

Atty. Gen., Lacy H. Thornburg by Sp. Deputy Atty. Gen., Joan H. Byers, Raleigh, for the State, appellant.

Carpenter, Wilson, Cannon & Blair by Edward H. Blair, Jr., Lenoir, for defendant-appellee.

ARNOLD, Judge.

As a preliminary matter it is recognized that the State may appeal a motion to dismiss "when there has been a decision or judgment dismissing criminal charges as to one or more counts." N.C.G.S. § 15A-1445(a)(1).

The State contends that Judge Sitton erred in dismissing the indictment in 87CRS5116 pursuant to N.C.G.S. § 15A-954(a)(7), which requires dismissal of an indictment when the doctrine of collateral estoppel precludes further...

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