State v. . Barksdale

111 S.E. 711, 183 N.C. 785, 1922 N.C. LEXIS 369

• Court: Supreme Court of North Carolina
• Decided: April 26, 1922
• Status: Published

Opinion

Per Curiam.

Though tbe defendant was convicted and appealed at July Term, 1921, of Richmond, tbe record was not docketed here, nor was any certiorari applied for, upon a filing of tbe transcript of tbe record proper on appeal at tbe fall term of this Court. Indeed, - tbe appeal was not docketed here until 11 April, 1922. Tbe motion of tbe Attorney-General to dismiss must be allowed. This has been tbe uniform practice" of tbe Court, as was held in S. v. Johnson, ante, 730, where tbe matter is fully discussed with full citation of authorities.

Indeed, this has been the uniform practice in accordance with the rules of the Court in both civil and criminal cases. Among the more recent cases are Howard v. Speight, 180 N. C., 654, citing numerous precedents. At last term the same ruling was reaffirmed in Buggy Co. v. McLamb, 182 N. C., 762; Kerr v. Drake, ibid., 765; Tripp v. Somersett, ibid., 768, and S. v. Satterwhite, ibid., 892, in which last case the rule was again reaffirmed with full citation of authorities.

Appeal dismissed.