State v. Horton

Is an appeal by the State in the instant case permissible? A review of pertinent statutes and other authorities impels us to answer in the negative.

G.S. 15-179 provides as follows:

“An appeal to the appellate division or superior court may be taken by the State in the following cases, and no other. Where judgment has been given for the defendant —(1) Upon a special verdict.(2) Upon a demurrer.(3) Upon a motion to quash.(4) Upon arrest of judgment.(5) Upon a motion for a new trial on the ground of newly discovered evidence, but only on questions of law.(6) Upon declaring a statute…