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North Carolina v. Murrell

Filed: October 20, 1981.

STATE OF NORTH CAROLINA
v.
MILTON MURRELL, JR.



Appeal by the State of North Carolina from Mills, Judge. Order entered 3 February 1981 in Superior Court, Forsyth County. Heard in the Court of Appeals 25 September 1981.

Martin (Harry C.), Judge. Judges Martin (Robert M.) and Becton concur.

Martin

At the thershold we are faced with the question whether the state can appeal the dismissal of the charges. Appellee raised this question in his brief, and the state filed a reply brief.

At the close of all the evidence, the record contains the following:

In this case wherein the defendant stands charged with the offense of Sell and Deliver Marijuana 2 counts, and Possession with Intent to Sell & Deliver 2 counts.

It is now Ordered:

(xx) Other -- Charges dismissed based on Defendant's oral motion to suppress the State's evidence as a matter of law based upon entrapment as a matter of law and based on Defendant's motion for directed verdict as a matter of law.

s/F. Fetzer Mills Judge Presiding

The trial court justified dismissal of the charges against defendant based on: (1) defendant's motion to suppress the state's evidence on a finding of entrapment, and (2) defendant's motion for a directed verdict as a matter of law.

The state's right of appeal in a criminal proceeding is entirely statutory; it had no such right at the common law. Statutes granting a right of appeal to the state must be strictly construed. {PA}

Page 344} State v. Harrell, 279 N.C. 464, 183 S.E.2d 638 (1971); State v. Horton, 7 N.C. App. 497, 172 S.E.2d 887 (1970). The pertinent parts of our statute are:

(a) Unless the rule against double jeopardy prohibits further prosecution, the State may appeal from the superior ...


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