State v. Cook

Court of Appeals of North Carolina

State v. Cook

181 S.E.2d 172, 11 N.C. App. 439, 1971 N.C. App. LEXIS 1554

CourtCourt of Appeals of North Carolina

DecidedMay 26, 1971

DocketNo. 7121SC183

StatusPublished

Cited by2 cases

This text of 181 S.E.2d 172 (State v. Cook) 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. Cook, 181 S.E.2d 172, 11 N.C. App. 439, 1971 N.C. App. LEXIS 1554 (N.C. Ct. App. 1971).

Pincite

Opinion

BRITT, Judge.

The judgments appealed from were entered on 11 September 1970. The record on appeal was docketed in this court on 19 January 1971. Rule 5 of the Rules of Practice of this Court provides that if the record on appeal is not docketed within 90 days after the date of the judgment appealed from, the case may be dismissed; provided, the trial tribunal may, for good cause, extend the time for docketing not exceeding 60 days. No order extending the time for docketing appears in the record before us. For failure to comply with the rules, the appeal, ex mero motu, is dismissed. State v. Isley, 8 N.C. App. 599, 174 S.E. 2d 623 (1970); State v. Stovall, 7 N.C. App. 73, 171 S.E. 2d 84 (1970); State v. Justice, 3 N.C. App. 363, 165 S.E. 2d 47 (1968).

[440]*440Nevertheless, we have carefully reviewed the record, with particular reference to the assignments of error brought forward and argued in defendant’s brief, and find that defendant had a fair trial free from prejudicial error.

Appeal dismissed.

Judges Campbell and Graham concur.

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BRITT, Judge.

The judgments appealed from were entered on 11 September 1970. The record on appeal was docketed in this court on 19 January 1971. Rule 5 of the Rules of Practice of this Court provides that if the record on appeal is not docketed within 90 days after the date of the judgment appealed from, the case may be dismissed; provided, the trial tribunal may, for good cause, extend the time for docketing not exceeding 60 days. No order extending the time for docketing appears in the record before us. For failure to comply with the rules, the appeal, ex mero motu, is dismissed. State v. Isley, 8 N.C. App. 599, 174 S.E. 2d 623 (1970); State v. Stovall, 7 N.C. App. 73, 171 S.E. 2d 84 (1970); State v. Justice, 3 N.C. App. 363, 165 S.E. 2d 47 (1968).

[440]*440Nevertheless, we have carefully reviewed the record, with particular reference to the assignments of error brought forward and argued in defendant’s brief, and find that defendant had a fair trial free from prejudicial error.

Appeal dismissed.

Judges Campbell and Graham concur.

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Bluebook (online)

181 S.E.2d 172, 11 N.C. App. 439, 1971 N.C. App. LEXIS 1554, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-cook-ncctapp-1971.

Opinion

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