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STATE v. MORGAN

No. COA07-745.

660 S.E.2d 545 (2008)

STATE of North Carolina v. Mark Leonard MORGAN.

Court of Appeals of North Carolina.

April 15, 2008.

Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorney General Christopher W. Brooks, for the State.

Knox, Brotherton, Knox & Godfrey, by Allen C. Brotherton, Charlotte, for defendant-appellant.

WYNN, Judge.

The United States Supreme Court has held that "[a]n order entering . . . a finding [that the evidence is insufficient as a matter of law to sustain a conviction] meets the definition of acquittal that our double-jeopardy cases have consistently used[.]"1 Because we find that the District Court's dismissal of criminal charges against the defendant in this case was based on a finding...

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