State v. . Phillips

66 N.C. 646

Opinion

BoydeN, J.

No appeal is allowed on the part of the State’ where a general verdict of not guilty has been rendered.

This was decided as far back as 1809, in the case of the State v. Jones, 1 Mur. 257, again in 1824, in the case of the State vs. Taylor, 1 Hawks, 422, and recently in the case of the State v. Credle, 63 N. C. R., 506. As no appeal could be taken by the State, the question in regard to the competency of the evidence rejected, does not arise.

There is error. Appeal dismissed.

PjeR Curiam. Error.