State v. Clark

Court of Appeals of North Carolina

State v. Clark

214 S.E.2d 202, 25 N.C. App. 677, 1975 N.C. App. LEXIS 2369

CourtCourt of Appeals of North Carolina

DecidedMay 7, 1975

DocketNo. 7527SC20

StatusPublished

Cited by1 cases

This text of 214 S.E.2d 202 (State v. Clark) is published on Counsel Stack Legal Research, covering Court of Appeals 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. Clark, 214 S.E.2d 202, 25 N.C. App. 677, 1975 N.C. App. LEXIS 2369 (N.C. Ct. App. 1975).

Pincite

Opinion

MAETIN, Judge.

We note that the judgment appealed from was entered 11 September 1974. More than ninety days thereafter, the trial court granted defendant’s motion for an extension of the time to docket the record on appeal in this Court. This was too late. See State v. Lee, 15 N.C. App. 234, 189 S.E. 2d 505 (1972). “Within ninety days after the date of a judgment appealed from, but not thereafter, the trial tribunal may for good' cause shown extend the time for docketing the record on appeal not exceeding sixty days. Eule 5.” State v. Lassiter, 18 N.C. App. 208, 196 S.E. 2d 592 (1973).

For failure to comply with the Eules of Practice in the Court of Appeals, this appeal is subject to dismissal. Nevertheless, we have carefully considered defendant’s assignments of error and conclude that defendant’s trial was free of prejudicial error.

[678]*678Appeal dismissed.

Judges Britt and Hedrick concur.

Free access — add to your briefcase to read the full text and ask questions with AI

MAETIN, Judge.

We note that the judgment appealed from was entered 11 September 1974. More than ninety days thereafter, the trial court granted defendant’s motion for an extension of the time to docket the record on appeal in this Court. This was too late. See State v. Lee, 15 N.C. App. 234, 189 S.E. 2d 505 (1972). “Within ninety days after the date of a judgment appealed from, but not thereafter, the trial tribunal may for good' cause shown extend the time for docketing the record on appeal not exceeding sixty days. Eule 5.” State v. Lassiter, 18 N.C. App. 208, 196 S.E. 2d 592 (1973).

For failure to comply with the Eules of Practice in the Court of Appeals, this appeal is subject to dismissal. Nevertheless, we have carefully considered defendant’s assignments of error and conclude that defendant’s trial was free of prejudicial error.

[678]*678Appeal dismissed.

Judges Britt and Hedrick concur.

Cite This Page — Counsel Stack

Bluebook (online)

214 S.E.2d 202, 25 N.C. App. 677, 1975 N.C. App. LEXIS 2369, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-clark-ncctapp-1975.

Opinion

Related

Cite This Page — Counsel Stack