State v. Harold

Court of Appeals of North Carolina

State v. Harold

219 S.E.2d 528, 27 N.C. App. 588, 1975 N.C. App. LEXIS 1914

CourtCourt of Appeals of North Carolina

DecidedNovember 19, 1975

DocketNo. 759SC548

StatusPublished

This text of 219 S.E.2d 528 (State v. Harold) 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. Harold, 219 S.E.2d 528, 27 N.C. App. 588, 1975 N.C. App. LEXIS 1914 (N.C. Ct. App. 1975).

Pincite

Opinion

HEDRICK, Judge.

This purports to be an appeal from an order entered by Judge Clark on 28 April 1975 denying the petition of W. A. Glenn, one of the sureties on the appearance bond of the defendant Harold, for relief under G.S. 15-116 from a judgment absolute entered 10 February 1975 in the Superior Court of Franklin County forfeiting his recognizance. It appears from the record before us that the petitioner did not give notice of appeal in this matter from the 28 April 1975 order entered by Judge Clark until 21 May 1975. Petitioner failed to comply with G.S. 1-279, which requires that appeal must be taken within 10 days after rendition of judgment. Under these circumstances the Court of Appeals has not obtained jurisdiction, and the [589]*589appeal must be dismissed. Oliver v. Williams, 266 N.C. 601, 146 S.E. 2d 648 (1966).

Dismissed.

Chief Judge Brock and Judge Clark concur.

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HEDRICK, Judge.

This purports to be an appeal from an order entered by Judge Clark on 28 April 1975 denying the petition of W. A. Glenn, one of the sureties on the appearance bond of the defendant Harold, for relief under G.S. 15-116 from a judgment absolute entered 10 February 1975 in the Superior Court of Franklin County forfeiting his recognizance. It appears from the record before us that the petitioner did not give notice of appeal in this matter from the 28 April 1975 order entered by Judge Clark until 21 May 1975. Petitioner failed to comply with G.S. 1-279, which requires that appeal must be taken within 10 days after rendition of judgment. Under these circumstances the Court of Appeals has not obtained jurisdiction, and the [589]*589appeal must be dismissed. Oliver v. Williams, 266 N.C. 601, 146 S.E. 2d 648 (1966).

Dismissed.

Chief Judge Brock and Judge Clark concur.

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Bluebook (online)

219 S.E.2d 528, 27 N.C. App. 588, 1975 N.C. App. LEXIS 1914, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-harold-ncctapp-1975.

Opinion

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