State v. Bell

Court of Appeals of North Carolina

State v. Bell

234 S.E.2d 751, 33 N.C. App. 273, 1977 N.C. App. LEXIS 2179

CourtCourt of Appeals of North Carolina

DecidedMay 18, 1977

DocketNo. 763SC950

StatusPublished

This text of 234 S.E.2d 751 (State v. Bell) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Bell, 234 S.E.2d 751, 33 N.C. App. 273, 1977 N.C. App. LEXIS 2179 (N.C. Ct. App. 1977).

Pincite

Opinions

CLARK, Judge.

The disposition of this case is governed by the principles of law declared in State v. Harrell, 279 N.C. 464, 183 S.E. 2d 638 (1971) (4-3).

The District Court entered a general verdict of not guilty, and the State has no right to appeal from this verdict. The Superior Court did not acquire jurisdiction of the proceedings, and the proceedings are a nullity. And this Court has acquired no jurisdiction by the purported appeal of the State from the Superior Court. See State v. Gilbert, 30 N.C. App. 130, 226 S.E. 2d 229 (1976).

Appeal dismissed.

Judge Vaughn concurs.

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