State v. . Flynn

Supreme Court of North Carolina

State v. . Flynn

7 S.E.2d 700, 217 N.C. 345, 1940 N.C. LEXIS 238

CourtSupreme Court of North Carolina

DecidedMarch 27, 1940

StatusPublished

Cited by1 cases

This text of 7 S.E.2d 700 (State v. . Flynn) 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. . Flynn, 7 S.E.2d 700, 217 N.C. 345, 1940 N.C. LEXIS 238 (N.C. 1940).

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Opinion

Per Curiam.

Lee Flynn was tried at January Term, 1940, of McDowell Superior Court, on an indictment charging him with the murder •of one Mae Flynn, was convicted of murder in the first degree, and judgment thereupon was entered that he suffer death by asphyxiation, as provided by law. From this judgment the defendant gave notice of appeal to the Supreme Court and was allowed the statutory time to make up and serve his ease on appeal; but, as appears from the record, the appeal was not perfected.

The Attorney-General, as his duty requires, filed a motion in this Court to docket and dismiss the appeal under Rule 17 for the stated cause, and filed therewith a transcript of the ease and certificate of the clerk of the Superior Court of McDowell County, setting forth the fact that no case on appeal has been filed in his office, and that the time allowed by the Court for perfecting the appeal has expired, and the same has not been perfected. S. v. Stovall, 214 N. C., 695, 200 S. E., 426; S. v. Watson, 208 N. C., 70, 179 S. E., 455. The defendant’s petition for certiorari is denied for want of merit. The motion to dismiss the appeal must be allowed; but, as it is required to do by law in capital cases, this Court has diligently examined the record before it and, upon said record, finds no error.

The appeal is, therefore, dismissed. S. v. Day, 215 N. C., 566, 2 S. E. (2d), 569; S. v. Young, 216 N. C., 626.

Judgment affirmed. Appeal dismissed.

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Per Curiam.

Lee Flynn was tried at January Term, 1940, of McDowell Superior Court, on an indictment charging him with the murder •of one Mae Flynn, was convicted of murder in the first degree, and judgment thereupon was entered that he suffer death by asphyxiation, as provided by law. From this judgment the defendant gave notice of appeal to the Supreme Court and was allowed the statutory time to make up and serve his ease on appeal; but, as appears from the record, the appeal was not perfected.

The Attorney-General, as his duty requires, filed a motion in this Court to docket and dismiss the appeal under Rule 17 for the stated cause, and filed therewith a transcript of the ease and certificate of the clerk of the Superior Court of McDowell County, setting forth the fact that no case on appeal has been filed in his office, and that the time allowed by the Court for perfecting the appeal has expired, and the same has not been perfected. S. v. Stovall, 214 N. C., 695, 200 S. E., 426; S. v. Watson, 208 N. C., 70, 179 S. E., 455. The defendant’s petition for certiorari is denied for want of merit. The motion to dismiss the appeal must be allowed; but, as it is required to do by law in capital cases, this Court has diligently examined the record before it and, upon said record, finds no error.

The appeal is, therefore, dismissed. S. v. Day, 215 N. C., 566, 2 S. E. (2d), 569; S. v. Young, 216 N. C., 626.

Judgment affirmed. Appeal dismissed.

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Bluebook (online)

7 S.E.2d 700, 217 N.C. 345, 1940 N.C. LEXIS 238, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-flynn-nc-1940.

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