State v. . Rhodes

16 S.E. 930, 112 N.C. 856

• Court: Supreme Court of North Carolina
• Decided: February 5, 1893
• Status: Published

Opinion

Per Curiam:

The right to appeal in forma pauperis requires some restrictions against abuse. What thej” shall be is for the Legislature to determine ; it has set out the requirements in The Code, §1235. The Court has no right to abrogate any of these requisites. This has been often decided. State v. Jackson, at this Term; State v. Wylde, 110 N. C., 500; State v. Tow, 103 N. C, 350; State v. Jones, 93 N. C., 617; and, indeed, in a full score of cases.

The present case presents an affidavit which lacks the statutory requirement of an averment “of good faith.” The appellant has not done what was requisite to place his appeal before us. We cannot help him, and the attempted appeal must be dismissed.

Appeal Dismissed.