State v. Greene

BROCK, Chief Judge.

The State assigns as error (1) the district court’s quashing of the warrant and (2) the failure of the superior court to hear its appeal from the district court’s action.

G.S. 15-179 provides:

“When State may appeal. — 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—

“(6) Upon declaring a statute unconstitutional.”

“Under this statute, if the State’s right to appeal arises in the district court, the appeal is to the superior court; if it arises in the superior…