State v. . Goldston

158 S.E. 926, 201 N.C. 89, 1931 N.C. LEXIS 192

• Court: Supreme Court of North Carolina
• Decided: June 15, 1931
• Status: Published

Opinion

Stacy, C. J.

At tbe January Term, 1931, Cbatbam Superior Court, tbe defendant herein, Ben Goldston, was tried upon an indictment charging him with tbe murder of one Jobn Headen, .which resulted in a conviction and sentence of death. Tbe prisoner gave notice of appeal to tbe Supreme Court, but tbis has not been prosecuted as required by tbe rules, albeit be was allowed to appeal in forma pauperis, and was given sixty days from 17 January within which to make out and serve statement of case on appeal, and tbe solicitor was allowed thirty days thereafter to prepare and file exceptions or countercase.

Application for certiorari was filed with the clerk of the Supreme Court 19 February, which was not resisted by the Attorney-General. Nothing was done in behalf of the prisoner, however, until 5 June, when his statement of case on appeal, without being served on the solicitor, as the time had expired for this (S. v. Humphrey, 186 N. C., 533, 120 S. E., 85), was filed in the oifice of the clerk of the Superior Court of Chatham County, and forwarded by him to the clerk of the Supreme Court as the only return he could make to the writ of certiorari. In the meantime, 19 May, the Attorney-General had lodged a motion to dismiss the appeal.

Notwithstanding the prisoner’s statement of case on appeal is subject to a plea of "nul tiel record,” we have examined it and find no reversible error appearing therein or on the face of the record proper. S. v. Massey, 199 N. C., 601.

Judgment affirmed. Appeal dismissed.