State v. Weiderman

Court of Appeals of North Carolina

State v. Weiderman

200 S.E.2d 202, 19 N.C. App. 753, 1973 N.C. App. LEXIS 1760

CourtCourt of Appeals of North Carolina

DecidedNovember 14, 1973

DocketNo. 7327SC781

StatusPublished

This text of 200 S.E.2d 202 (State v. Weiderman) 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. Weiderman, 200 S.E.2d 202, 19 N.C. App. 753, 1973 N.C. App. LEXIS 1760 (N.C. Ct. App. 1973).

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Opinion

VAUGHN, Judge.

In criminal cases defendant may appeal to the Appellate Division from convictions in the Superior Court. G.S. 15-180. A defendant may not appeal from an order denying a motion to quash an indictment or warrant. State v. Baker, 240 N.C. 140, 81 S.E. 2d 199.

On our own motion, we modify that part of the order of the Superior Court Judge which directs that the case be remanded to the District Court for trial. The State was properly allowed to appeal to the Superior Court from the judgment of the District Court which gave judgment for defendant upon defendant’s motion to quash. G.S. 15-179(3). The appeal by the State from the District Court to the Superior Court gave the Superior Court the same jurisdiction as the District Court had in the first instance. G.S. 7A-271(b). The case remains in the Superior Court for trial de novo.

Appeal dismissed.

Judges Morris and Parker concur.

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VAUGHN, Judge.

In criminal cases defendant may appeal to the Appellate Division from convictions in the Superior Court. G.S. 15-180. A defendant may not appeal from an order denying a motion to quash an indictment or warrant. State v. Baker, 240 N.C. 140, 81 S.E. 2d 199.

On our own motion, we modify that part of the order of the Superior Court Judge which directs that the case be remanded to the District Court for trial. The State was properly allowed to appeal to the Superior Court from the judgment of the District Court which gave judgment for defendant upon defendant’s motion to quash. G.S. 15-179(3). The appeal by the State from the District Court to the Superior Court gave the Superior Court the same jurisdiction as the District Court had in the first instance. G.S. 7A-271(b). The case remains in the Superior Court for trial de novo.

Appeal dismissed.

Judges Morris and Parker concur.

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Bluebook (online)

200 S.E.2d 202, 19 N.C. App. 753, 1973 N.C. App. LEXIS 1760, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-weiderman-ncctapp-1973.

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