STATE v. VESTAL

No. COA97-554.

509 S.E.2d 249 (1998)

STATE of North Carolina v. Brian Keith VESTAL.

Court of Appeals of North Carolina.

December 29, 1998.


Attorney(s) appearing for the Case

Attorney General Michael F. Easley by Assistant Attorney General Jill Ledford Cheek, for the State.

John Bryson, High Point, for defendant-appellee.


MARK D. MARTIN, Judge.

The State of North Carolina appeals from order dismissing with prejudice the case against defendant charged with conspiracy to deliver marijuana.

At trial, after the jury had been empaneled and sworn, and subsequent to presentation of the State's case, the trial court, sua sponte, dismissed the case against defendant with prejudice on the ground that the High Point Police Department had "violat[ed] a trial court order without...

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