State v. Ausley

HEDRICK, Chief Judge.

Although neither the State nor defendant addresses this issue in their briefs, we must decide whether the State may appeal the dismissal of the charges.

The State had no right to appeal at common law and statutes granting this right to the State must be strictly construed. State v. Murrell, 54 N.C. App. 342, 283 S.E. 2d 173 (1981), disc. rev. denied, 304 N.C. 731, 288 S.E. 2d 804 (1982). G.S. 15A-1445, in pertinent part, provides as follows:

*792(a) Unless the rule against double jeopardy prohibits further prosecution, the State may appeal from the superior court to the…