State v. . Brumfield

Supreme Court of North Carolina

State v. . Brumfield

152 S.E. 926, 198 N.C. 613, 1930 N.C. LEXIS 428

CourtSupreme Court of North Carolina

DecidedApril 23, 1930

StatusPublished

Cited by4 cases

This text of 152 S.E. 926 (State v. . Brumfield) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. . Brumfield, 152 S.E. 926, 198 N.C. 613, 1930 N.C. LEXIS 428 (N.C. 1930).

Pincite

Opinion

Stacy, C. J.

At tbe October Criminal Term, 1929, of Union Superior Court, tbe defendant herein, James Brumfield, was tried upon an indictment charging him with a capital felony, to wit, burglary in the first degree, wbicb resulted in a conviction and sentence of death. From tbe verdict thus rendered and judgment entered thereon, tbe defendant gave notice of appeal to tbe Supreme Court, but this has not been prosecuted as required by tbe rules. Indeed, as tbe attempted appeal is in forma pauperis, and tbe affidavit for leave to appeal without giving security for costs fails to state, as required by C. S., 4651, tbat “tbe application is in good faith,” it may be doubted as to whether we have any jurisdiction to bear tbe matter. S. v. Martin, 172 N. C., 977, 90 S. E., 502. Nevertheless, as tbe life of tbe prisoner is involved, we have examined tbe case and find no error on tbe face of tbe record.

Tbe motion of tbe State must be allowed.

Appeal dismissed.

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Stacy, C. J.

At tbe October Criminal Term, 1929, of Union Superior Court, tbe defendant herein, James Brumfield, was tried upon an indictment charging him with a capital felony, to wit, burglary in the first degree, wbicb resulted in a conviction and sentence of death. From tbe verdict thus rendered and judgment entered thereon, tbe defendant gave notice of appeal to tbe Supreme Court, but this has not been prosecuted as required by tbe rules. Indeed, as tbe attempted appeal is in forma pauperis, and tbe affidavit for leave to appeal without giving security for costs fails to state, as required by C. S., 4651, tbat “tbe application is in good faith,” it may be doubted as to whether we have any jurisdiction to bear tbe matter. S. v. Martin, 172 N. C., 977, 90 S. E., 502. Nevertheless, as tbe life of tbe prisoner is involved, we have examined tbe case and find no error on tbe face of tbe record.

Tbe motion of tbe State must be allowed.

Appeal dismissed.

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Bluebook (online)

152 S.E. 926, 198 N.C. 613, 1930 N.C. LEXIS 428, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-brumfield-nc-1930.

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