State v. . Moore
Supreme Court of North Carolina
Motion in a criminal action to- make a prosecutor of rec*-. ord, heard at Fall Term, 1880, of Perder Superior Court, before Gudger, J. The indictment which was found in the criminal eourt of New Hanover county charged the obtaining of certain money from -one C. 0. Stevens by false pretence.
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Motion in a criminal action to- make a prosecutor of rec*-. ord, heard at Fall Term, 1880, of Perder Superior Court, before Gudger, J. The indictment which was found in the criminal eourt of New Hanover county charged the obtaining of certain money from -one C. 0. Stevens by false pretence. The case was removed to Pender for trial, and placed on the docket of the superior eourt of that county at spring term, 1878; and at fall term thereafter the following order was made by the presiding judge; “Defendant discharged, cause continued.” At fall term, 1879, on motion of the solicitor the court…
1Opinion of the CourtAshe, J.
We are not called upon to decide the question of law raised upon the ruling of His Honor in the eonrt below, for the case is not properly constituted in this court. The state has no right of appeal in a case like this. Its right of appeal in a criminal action is not derived from the common law or any statute of this state, but has obtained under the sanction of the courts by a long practice, and has-been recognized in but four cases, to-wit: where judgment has been given for defendant upon a special verdict; upon a demurrer; a motion to quashand arrest of judgment. State v. Swepson, 82 N. C.,…
2Cases cited4 opinions
- State v. . LaneSupreme Court of North Carolina · 1878
- State v. . SwepsonSupreme Court of North Carolina · 1880
- State v. . PadgettSupreme Court of North Carolina · 1880
- State v. BobbittSupreme Court of North Carolina · 1874
3Cited by10 opinions
- State v. . PowellSupreme Court of North Carolina · 1882
- State v. . OstwaltSupreme Court of North Carolina · 1896
- State v. . MorganSupreme Court of North Carolina · 1897
- State v. . BowmanSupreme Court of North Carolina · 1907
- State v. . HinsonSupreme Court of North Carolina · 1898
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