State v. . Etheridge

Supreme Court of North Carolina

State v. . Etheridge

178 S.E. 556, 207 N.C. 801, 1935 N.C. LEXIS 273

CourtSupreme Court of North Carolina

DecidedFebruary 27, 1935

StatusPublished

Cited by8 cases

This text of 178 S.E. 556 (State v. . Etheridge) 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. . Etheridge, 178 S.E. 556, 207 N.C. 801, 1935 N.C. LEXIS 273 (N.C. 1935).

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Opinion

Stacy, C. J.

At tbe July Term, 1934, of Onslow Superior Court, tbe defendant herein, Sidney Etheridge, was tried upon indictment charging him, pursuant -to conspiracy with another, with tbe murder of one Mamie Moore, which resulted in a conviction of “First Degree Murder” and sentence of death. From tbe judgment thus entered, tbe defendant gave notice of appeal to tbe Supreme Court, and was allowed thirty days to prepare and serve statement of case on appeal, and tbe solicitor was given fifteen days thereafter to serve exceptions or counter-ease, but nothing has been done towards perfecting tbe appeal, and tbe time for serving statement of case has expired. S. v. Brown, 206 N. C., 747, 175 S. E., 116. No appeal bond was required, as tbe defendant was granted tbe privilege of appealing in forma pauperis. S. v. Stafford, 203 N. C., 601, 166 S. E., 734.

*802 Tbe prisoner, having neglected to make out and serve bis statement of case on appeal within the time allowed, has lost the right to do so, and the motion of the Attorney-General to docket and dismiss must be allowed (S. v. Johnson, 205 N. C., 610, 172 S. E., 219), but this we do only after an examination of the record to see that no error appears on the face thereof, as the life of the prisoner is involved. S. v. Goldston, 201 N. C., 89, 158 S. E., 926.

No error appears on the face of the record. S. v. Hamlet, 206 N. C., 568, 174 S. E., 451; S. v. Edney, 202 N. C., 706, 164 S. E., 23. The time for bringing up the appeal has passed. S. v. Hooker, ante, 648.

When an appeal is taken in a criminal case and execution of the judgment stayed, as provided by C. S., 4654, it is required of the clerk of the Superior Court that he notify the Attorney-General of the appeal; and, if the statutory time for perfecting the appeal has been extended, this fact should also be brought to his attention. Observance of these requirements would expedite the handling of cases on appeal. S. v. Casey, 201 N. C., 620, 161 S. E., 81.

Appeal dismissed.

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Stacy, C. J.

At tbe July Term, 1934, of Onslow Superior Court, tbe defendant herein, Sidney Etheridge, was tried upon indictment charging him, pursuant -to conspiracy with another, with tbe murder of one Mamie Moore, which resulted in a conviction of “First Degree Murder” and sentence of death. From tbe judgment thus entered, tbe defendant gave notice of appeal to tbe Supreme Court, and was allowed thirty days to prepare and serve statement of case on appeal, and tbe solicitor was given fifteen days thereafter to serve exceptions or counter-ease, but nothing has been done towards perfecting tbe appeal, and tbe time for serving statement of case has expired. S. v. Brown, 206 N. C., 747, 175 S. E., 116. No appeal bond was required, as tbe defendant was granted tbe privilege of appealing in forma pauperis. S. v. Stafford, 203 N. C., 601, 166 S. E., 734.

*802 Tbe prisoner, having neglected to make out and serve bis statement of case on appeal within the time allowed, has lost the right to do so, and the motion of the Attorney-General to docket and dismiss must be allowed (S. v. Johnson, 205 N. C., 610, 172 S. E., 219), but this we do only after an examination of the record to see that no error appears on the face thereof, as the life of the prisoner is involved. S. v. Goldston, 201 N. C., 89, 158 S. E., 926.

No error appears on the face of the record. S. v. Hamlet, 206 N. C., 568, 174 S. E., 451; S. v. Edney, 202 N. C., 706, 164 S. E., 23. The time for bringing up the appeal has passed. S. v. Hooker, ante, 648.

When an appeal is taken in a criminal case and execution of the judgment stayed, as provided by C. S., 4654, it is required of the clerk of the Superior Court that he notify the Attorney-General of the appeal; and, if the statutory time for perfecting the appeal has been extended, this fact should also be brought to his attention. Observance of these requirements would expedite the handling of cases on appeal. S. v. Casey, 201 N. C., 620, 161 S. E., 81.

Appeal dismissed.

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178 S.E. 556, 207 N.C. 801, 1935 N.C. LEXIS 273, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-etheridge-nc-1935.

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