The State, in a criminal prosecution, is not entitled to an appeal under any of the provisions of the act of Assembly regulating appeals : this appeal, therefore, must be dismissed.
State v. Jones, 5 N.C. 257, 1 Mur. 257 (1809)
July 1809
·
Supreme Court of North Carolina
5 N.C. 257, 1 Mur. 257
The State v. Jones.
From Franklin.
The State is not entitled to an appeal in a criminal prosecution.
The Defendant was indicted in the County Court of Franklin, and acquitted. The Solicitor for the State appealed to the Superior Court, and the transcript of the record being filed with the Clerk of the Superior Court, it was moved on behalf of the Defendant, that the appeal be dismissed, on the ground that the State is not entitled to an appeal. The case was sent to this Court for the opinion of the Judges, and