State v. Ward

MARTIN (Harry C.), Judge.

At the outset, we are faced with the question whether the state has a right of appeal from an order of the superior court dismissing a criminal case without prejudice upon a motion made by defendant under the Speedy Trial Act, N.C.G.S. 15A-701 to -704. This question was addressed by counsel at oral argument.

The Speedy Trial Act itself does not contain any provisions for appellate review. As a general rule the state cannot appeal from a judgment in favor of a defendant in a criminal case, in the absence of a statute clearly conferring that right. State v. Harrell, 279…