State v. Haddock

First, that an appeal will lie for the State where the defendant is acquitted or otherwise discharged upon an indictment, as well as for the *Page 169 defendant who is convicted. Though, he said, were this res integra , he should not be of that opinion upon the words of the acts relative to appeals. Secondly, in this case an appeal lies as well as a writ of error. Thirdly, the indictment should state in whom the property was, or that it was the property of some person unknown; otherwise, he could not plead in bar to another indictment for the same case. It was, therefore, not uniformality or refinement within the act of Assembly, but a matter of substance not cured by it.

Judgment arrested.

NOTE. — This case, so far as it decides that an appeal lies for the State upon the acquittal of the defendant, has been overruled by S. v. Jones , 5 N.C. 257 .

Cited: S. v. Gallimore , 24 N.C. 376 ; S. v. Hill , 79 N.C. 659 ; S. v. Ostwalt , 118 N.C. 1220 ; S. v. Ford , 168 N.C. 166 .