State v. Surles

MARTIN (Harry C.), Judge.

This appeal presents three questions for review:

1. Can the state appeal from the actions taken by the district court?

2. Did the district court err in setting aside the verdicts of guilty?

3. Did the district court err in entering the verdicts of not guilty?

State’s Right To Appellate Review

It is true that the state cannot appeal from the district court to the superior court upon a verdict of not guilty in a misdemeanor case. State v. Harrell, 279 N.C. 464, 183 S.E. 2d 638 (1971); N.C. Gen. Stat. § 15A-1432 (1978). Here, however, we are not concerned with a simple case…