State v. Wilson

Since tbe law looks at substance ratber than form, tbe misnaming of tbe defendant’s plea cannot blot out tbe reality that Judge Sink sustained a plea of former acquittal. He evidently concluded tbe plea to be good on tbe theory that an inspection of tbe two indictments ■disclosed that tbe facts alleged in tbe second indictment, if given in ■evidence, would have sustained a conviction under tbe first. S. v. Hicks, 233 N.C. 511, 64 S.E. 2d 871.

Tbe validity of such conclusion cannot be reviewed by us, for tbe very simple reason that tbe State cannot appeal from an order sustaining a plea of…