State v. Dobson

MARTIN (Robert M.), Judge.

We reluctantly must dismiss this appeal on the grounds that this Court lacks jurisdiction. As a general rule, the State cannot appeal proceedings from a judgment in favor of the defendant in a criminal case in the absence of a statute clearly conferring that right. State v. Harrell, 279 N.C. 464, 183 S.E. 2d 638 (1971); State v. Horton, 7 N.C. App. 497, 172 S.E. 2d 887 (1970). N.C. Gen. Stat. § 15A-1445 provides when the State may appeal in a criminal case as follows:(a) Unless the rule against double jeopardy prohibits further prosecution, the State may appeal from…