State v. McDaniel

Court of Appeals of North Carolina

State v. McDaniel

179 S.E.2d 833, 10 N.C. App. 743, 1971 N.C. App. LEXIS 1717

CourtCourt of Appeals of North Carolina

DecidedMarch 31, 1971

DocketNo. 7112SC120

StatusPublished

Cited by1 cases

This text of 179 S.E.2d 833 (State v. McDaniel) 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. McDaniel, 179 S.E.2d 833, 10 N.C. App. 743, 1971 N.C. App. LEXIS 1717 (N.C. Ct. App. 1971).

Pincite

Opinion

CAMPBELL, Judge.

The judgment in this case was entered on 6 August 1970. The case on appeal was not docketed in this Court until 16 December 1970 and no order extending the time for docketing appears in the record. Rule 5 of the Rules of Practice in the Court of Appeals allows ninety days to docket the case on appeal. As this case was not docketed within the prescribed period of time, the appeal is subject to dismissal for failure to comply with the Rules.

We have, nevertheless, examined each of defendant’s assignments of error and find no prejudicial error. State v. Roberts, 276 N.C. 98, 171 S.E. 2d 440 (1970) covers all points raised by the defendant. Defendant has had a fair trial in all respects.

Appeal dismissed.

Judges Britt and Hedrick concur.

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