State v. Potts

Supreme Court of North Carolina

State v. Potts

145 S.E.2d 307, 266 N.C. 117, 1965 N.C. LEXIS 1403

CourtSupreme Court of North Carolina

DecidedDecember 15, 1965

Docket262

StatusPublished

Cited by8 cases

This text of 145 S.E.2d 307 (State v. Potts) 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. Potts, 145 S.E.2d 307, 266 N.C. 117, 1965 N.C. LEXIS 1403 (N.C. 1965).

Pincite

Opinion

Per CuRiam.

Defendant, through his counsel, instead of preparing a case on appeal in accord with the Rules of this Court, merely brings forward the charge of the court below.

Defendant undertakes to assign as error the failure of the court below to charge the jury as to the meaning of “reasonable doubt.” Defendant made no request that the court below define the phrase “reasonable doubt.” Therefore, if we had a valid case on appeal and an exception to the charge in this respect, it would be feckless. S. v. Browder, 252 N.C. 35, 112 S.E. 2d 728.

The defendant having failed to perfect his appeal within the time required, and having failed to file a proper case on appeal within the time required, on motion of the Attorney General that the judgments of the lower court be affirmed and the appeal dismissed, as provided by Rules 5, 17 and 19, Rules of Practice in the Supreme Court, 254 N.C. 786, et seq., the judgments entered below are affirmed and the appeal is dismissed.

Appeal dismissed.

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