State v. . Waller

Supreme Court of North Carolina

State v. . Waller

180 S.E. 658, 208 N.C. 351, 1935 N.C. LEXIS 414

DecidedJune 26, 1935

StatusPublished

This text of 180 S.E. 658 (State v. . Waller) 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. . Waller, 180 S.E. 658, 208 N.C. 351, 1935 N.C. LEXIS 414 (N.C. 1935).

Pincite

Opinion

Stacy, O. J.

At the February Term, 1935, Granville Superior Court, the defendant herein, Dortch Waller, was tried upon indictment charging him with the murder of one John Harris, which resulted in a conviction of murder in the first degree and sentence of death. From the judgment thus entered the defendant gave notice of appeal to the Supreme Court. The case on appeal was prepared and settled by agreement of counsel. It contains only two exceptions, and no assignments of error. Counsel evidently concluded, upon reflection and after sifting the exceptions taken on the trial, that no error had been committed in the case. The motions to nonsuit were properly overruled. At the *352 close of all the evidence tbe defendant tendered a plea of guilty of murder in the second degree, which was rejected by the State.

No brief has been filed by either side, and the Attorney-General has lodged a motion to dismiss the appeal. S. v. Hooker, 207 N. C., 648. As no error appears on the face of the record, the motion must be allowed. S. v. Etheridge, 207 N. C., 801; S. v. Watson, ante, 70.

Appeal dismissed.

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Stacy, O. J.

At the February Term, 1935, Granville Superior Court, the defendant herein, Dortch Waller, was tried upon indictment charging him with the murder of one John Harris, which resulted in a conviction of murder in the first degree and sentence of death. From the judgment thus entered the defendant gave notice of appeal to the Supreme Court. The case on appeal was prepared and settled by agreement of counsel. It contains only two exceptions, and no assignments of error. Counsel evidently concluded, upon reflection and after sifting the exceptions taken on the trial, that no error had been committed in the case. The motions to nonsuit were properly overruled. At the *352 close of all the evidence tbe defendant tendered a plea of guilty of murder in the second degree, which was rejected by the State.

No brief has been filed by either side, and the Attorney-General has lodged a motion to dismiss the appeal. S. v. Hooker, 207 N. C., 648. As no error appears on the face of the record, the motion must be allowed. S. v. Etheridge, 207 N. C., 801; S. v. Watson, ante, 70.

Appeal dismissed.

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Bluebook (online)

180 S.E. 658, 208 N.C. 351, 1935 N.C. LEXIS 414, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-waller-nc-1935.

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