State v. . Moore

84 N.C. 724

• Court: Supreme Court of North Carolina
• Decided: January 5, 1881
• Status: Published

Opinion

Ashe, J.

We are not called upon to decide the question of law raised upon the ruling of His Honor in the eonrt below, for the case is not properly constituted in this court. The state has no right of appeal in a case like this. Its right of appeal in a criminal action is not derived from the common law or any statute of this state, but has obtained under the sanction of the courts by a long practice, and has-been recognized in but four cases, to-wit: where judgment has been given for defendant upon a special verdict; upon a demurrer; a motion to quashand arrest of judgment. State v. Swepson, 82 N. C., 541; State v. Lane, 78 N. C., 547; State v. Bobbitt, 70 N. C., 81; State v. Padgett, 82 N. C., 544.

The appeal must be dismissed. Let this be certified to the superior court of Pender .county.

Per Curiam. Appeal dismissed.