State v. Lynn
This text of 111 S.E.2d 866 (State v. Lynn) 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.
Opinion
“. . . the filing by the defendant appellant of his brief too late works an abandonment of the assignments of errors, except those appearing on the face of the record, which are cognizable ex mero motu.” S. v. Evans, 237 N.C. 761, 75 S.E. 2d 919, and cases cited; Strong, North Carolina Index, Vol. 1, Criminal Law § 159, and oases cited.
No error appears on the face of the record. Indeed, the evidence set out in appellant’s belated statement of case on appeal fully supports Judge Carr’s findings of fact and judgment. Hence, the judgment is affirmed and defendant’s appeal therefrom is dismissed.
Judgment affirmed, appeal dismissed.
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Cite This Page — Counsel Stack
111 S.E.2d 866, 251 N.C. 703, 1960 N.C. LEXIS 525, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-lynn-nc-1960.