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STATE v. SURLES

No. 8110SC617.

284 S.E.2d 738 (1981)

STATE of North Carolina v. Richard SURLES. STATE of North Carolina v. Benjamin Alvin BARNES. STATE of North Carolina v. Edwin Lee WILLIAMS, Jr. STATE of North Carolina v. James SUTTON.

Court of Appeals of North Carolina.

December 15, 1981.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. John R. B. Matthis and Asst. Atty. Gen. Alan S. Hirsch, Raleigh, for the State, appellant.

Bass & Willoughby by Gerald L. Bass, Raleigh, for defendants-appellees.

HARRY C. MARTIN, Judge.

This appeal presents three questions for review:

1. Can the state appeal from the actions taken by the district court?

2. Did the district court err in setting aside the verdicts of guilty?

3. Did the district court err in entering the verdicts of not guilty?

STATE'S RIGHT TO APPELLATE REVIEW

It is true that the state cannot appeal from the district court to the superior court upon a verdict of not...

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