Opinion

State v. Gurganus

  • 71 N.C. App. 95
  • 321 S.E.2d 923
  • 1984 N.C. App. LEXIS 3825
Court
Court of Appeals of North Carolina
Filed
Nov 6, 1984
Status
Published
Author
Webb
On the bench
Braswell, Eagles, Webb
Cited by
2 cases
Authority
More cited than 19.0%

The opinion

Judge Webb

concurring.

I concur with the majority in returning the case to the Superior Court. I would do so, however, by dismissing the appeal with an order to the Superior Court to remand the case to District Court for trial. I believe that State v. Jones, 67 N.C. App. *101 413 , 313 S.E. 2d 264 (1984) requires the appeal to be dismissed as interlocutory. I do not believe the distinction between Jones and this case relied on by the majority is sufficient to keep Jones from being a precedent for this case.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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