State v. McDonald

CLARK, Judge.

The general rule is that the State cannot appeal from a judgment in favor of the defendant in a criminal proceeding in the *394absence of a statute clearly conferring that right. State v. Harrell, 279 N.C. 464, 183 S.E. 2d 638 (1971).

G.S. 15A-979(c) provides that orders of the superior court granting motions to suppress evidence are appealable to the appellate division prior to trial “upon certificate by the prosecutor to the judge who granted the motion that the appeal is not taken for the purpose of delay and that the evidence is essential to the case.” As this court stated in…