State v. Peguise

163 S.E.2d 294, 2 N.C. App. 526, 1968 N.C. App. LEXIS 965

• Court: Court of Appeals of North Carolina
• Decided: October 9, 1968
• Docket: No. 6814SC372
• Status: Published

Opinion

Britt, J.

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. Ferguson, 243 N.C. 766, 92 S.E. 2d 197; State v. Wilson, 234 N.C. 552, 67 S.E. 2d 748.

G.S. 1-201 provides as follows: “A general verdict is that by which the jury pronounce generally upon all or any of the issues, •either in favor of the plaintiff or defendant. A special verdict is that by which the jury finds the facts only, leaving the judgment to the Court.” (Emphasis added.)

General and special verdicts are discussed in 2 McIntosh, N. C. Practice 2d, § 1562, pp. 75 and 76. See also State v. Ellis, 262 N.C. 446, 137 S.E. 2d 840.

The order of Judge Clark did not constitute a special verdict from ■which an appeal by the State could be taken.

Appeal dismissed.

BeocK and Paeicee, JJ., concur.