State v. Ashe

Court of Appeals of North Carolina

State v. Ashe

226 S.E.2d 398, 30 N.C. App. 74, 1976 N.C. App. LEXIS 2148

Court of Appeals of North Carolina·Decided July 7, 1976·No. 7630SC210·Published·Cited by 1 cases

Opinion

PARKER, Judge.

This appeal is from the same trial as is reported in State v. Bryson, 30 N.C. App. 71, 226 S.E. 2d 392 (Case No. *75 7630SC192, opinion filed contemporaneously herewith.) Defendants raise the same questions for review as are presented in State v. Bryson, supra. For the reasons stated in the opinion in that case, we find no error.

Because of the filing of an unnecessary record on appeal and because unnecessary matter was included in the records filed, counsel for defendants will be personally taxed with a portion of the costs. Rule 9 (b) (5) of the North Carolina Rules of Appellate Procedure; State v. Bryson, supra.

No error.

Chief Judge Brock and Judge Arnold concur.

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PARKER, Judge.

This appeal is from the same trial as is reported in State v. Bryson, 30 N.C. App. 71, 226 S.E. 2d 392 (Case No. *75 7630SC192, opinion filed contemporaneously herewith.) Defendants raise the same questions for review as are presented in State v. Bryson, supra. For the reasons stated in the opinion in that case, we find no error.

Because of the filing of an unnecessary record on appeal and because unnecessary matter was included in the records filed, counsel for defendants will be personally taxed with a portion of the costs. Rule 9 (b) (5) of the North Carolina Rules of Appellate Procedure; State v. Bryson, supra.

No error.

Chief Judge Brock and Judge Arnold concur.

State v. Ashe, 226 S.E.2d 398, 30 N.C. App. 74, 1976 N.C. App. LEXIS 2148 (N.C. Ct. App. 1976).

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Opinion

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