State v. . Cannon
This text of 42 S.E.2d 343 (State v. . Cannon) 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.
Opinion
It is conceded that the defendant’s right of appeal, G. S., 15-180, and his right to have the case made up, or a postea properly prepared, G. S., 1-282, 1-283, are not to be abridged, except through his own fault or laches. S. v. Moore, 210 N. C., 686, 188 S. E., 421. Here, however, the Attorney-General is asking that the exceptions and objections filed by the solicitor (and later abandoned by him) be withdrawn and thus leave the defendant’s statement as the case on appeal. This accords with the decisions on the subject. Drake v. Connelly, 107 N. C., 463, 12 S. E., 251; Parker v. Coggins, 116 N. C., 71, 20 S. E., 962; Ridley v. R. R., 116 N. C., 923, 20 S. E., 962. Cf. Metcalfe v. Chambers, 188 N. C., 805, 125 S. E., 630. “We do not see how the appellant can object to the statement made out by himself.” Drake v. Connelly, supra.
Motion of defendant, Denied.
Motion of Attorney-General, Allowed.
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Cite This Page — Counsel Stack
42 S.E.2d 343, 227 N.C. 336, 1947 N.C. LEXIS 422, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-cannon-nc-1947.