State v. Pinkney

Court of Appeals of North Carolina

State v. Pinkney

212 S.E.2d 907, 25 N.C. App. 316, 1975 N.C. App. LEXIS 2250

CourtCourt of Appeals of North Carolina

DecidedApril 2, 1975

DocketNo. 7612SC37

StatusPublished

Cited by1 cases

This text of 212 S.E.2d 907 (State v. Pinkney) 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. Pinkney, 212 S.E.2d 907, 25 N.C. App. 316, 1975 N.C. App. LEXIS 2250 (N.C. Ct. App. 1975).

Pincite

Opinion

ARNOLD, Judge.

An order for arrest of judgment is based upon the insufficiency of the indictment or other defect appearing on the face of the record. State v. Davis, 282 N.C. 107, 191 S.E. 2d 664 (1972) ; State v. Fletcher, 279 N.C. 85, 181 S.E. 2d 405 (1971). It is appealable by the State. G.S. 15-179. A judgment of nonsuit, on the other hand, has the force and effect of verdict of not guilty. G.S. 15-173; State v. Ballard, 280 N.C. 479, 186 S.E. 2d 372 (1972). The State may not appeal.

Although referred to by the trial court as an order for arrest of judgment, the order appealed from is in fact an order setting aside the verdict on grounds that it is not supported by the evidence. This Court is without power to review such an order.

Appeal dismissed.

Chief Judge Brock and Judge Parker concur.

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