State v. Lay

WELLS, Judge.

Two issues are raised in this appeal: whether this Court has jurisdiction to hear the State’s appeal, and whether Judge Kirby *798correctly applied the doctrine of collateral estoppel to bar the State’s relitigation of the validity of the search warrant, on defendant’s motion to suppress on the felony charge in Superior Court.

Whether we have jurisdiction to hear this appeal is the threshold issue. The State’s right to appeal derives solely from applicable statutes, which must be strictly construed. State v. Harrell, 279 N.C. 464, 183 S.E. 2d 638 (1971); State v. Dobson, 51 N.C. App.…