State v. Peguise

G.S. 15-179 provides those instances in which the State may appeal:

“* * * 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 unconstitutional.”

The Supreme Court of North Carolina has specifically held •that the State has no right to appeal from a judgment allowing a plea of former jeopardy or acquittal. State v. Reid, 263 N.C. 825, 140 S.E. 2d 547; State v.…