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STATE v. SMITH

No. 6925SC52.

166 S.E.2d 870 (1969)

4 N.C. App. 491

STATE of North Carolina v. Hillard Elmer SMITH.

Court of Appeals of North Carolina.

April 30, 1969.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan and Asst. Atty. Gen. Bernard A. Harrell, for the State.

William H. Chamblee, Hickory, for the defendant appellant.

MALLARD, Chief Judge.

The Attorney General moves to dismiss the defendant's appeal on the grounds that under the provisions of G.S. § 7A-27 there is no appeal as a matter of right from interlocutory orders in a criminal case.

In State v. Henry, 1 N.C. App. 409, 161 S.E.2d 622, Judge Britt, speaking for the Court, said:

"Article 5 of Chapter 7A of the General Statutes deals...

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