State v. Monroe

MITCHELL, Justice.

The issue before the Court is whether the State has the right to immediately appeal a superior court order granting a criminal defendant a new trial on the ground of newly' discovered evidence. We hold that the State has the right to immediate appellate review of the superior court’s order in such situations.

The defendant was convicted of robbery with a dangerous weapon at the 21 June 1989 Criminal Session of Superior Court, Robeson County. Six months later, on 19 December 1989, the defendant filed a motion for appropriate relief, pursuant to N.C.G.S. § 15A-1415(b)(6), based…