State v. Barksdale
| Citation | 111 S.E. 711,183 N.C. 785 |
| Decision Date | 26 April 1922 |
| Docket Number | 405. |
| Parties | STATE v. BARKSDALE. |
| Court | United States State Supreme Court of North Carolina |
Appeal from Superior Court, Richmond County; Finley, Judge.
B. W. Barksdale was convicted of soliciting orders for intoxicating liquors, and appeals. Appeal dismissed.
See, also, 181 N.C. 621, 107 S.E. 505.
Where defendant was convicted and appealed at the July term, but the record was not docketed, and certiorari was not applied for, upon a filing of a transcript of the record proper on appeal at the fall term, the appeal will be dismissed.
Gibbons & Le Grand, of Hamlet, and Travis & Travis, of Halifax, for appellant.
J. S. Manning, Atty. Gen., and Frank Nash, Asst. Atty. Gen., for the State.
Though the defendant was convicted and appealed at July term, 1921, of Richmond, the record was not docketed here, nor was any certiorari applied for, upon a filing of the transcript of the record proper on appeal at the fall term of this court. Indeed the appeal was not docketed here until April 11, 1922. The motion of the Attorney General to dismiss must be allowed. This has been the uniform practice of the court, as was held at this term in State v. Johnson, 110 S.E. 782, opinion filed March 1, 1922, where the matter is fully discussed with full citation of authorities.
Indeed this has been the uniform practice in accordance with the rules of the court in both civil and criminal cases. Among the more recent cases are Howard v. Speight, 180 N.C. 654, 104 S.E. 35, citing numerous precedents. At last term the same ruling was reaffirmed in Buggy Co. v. McLamb, 182 N.C. 762, 108 S.E. 344; Kerr v. Drake, 182 N.C. 765, 108 S.E. 393; Tripp v. Somersett, 182 N.C. 768, 108 S.E. 633; and State v. Satterwhite, 182 N.C. 892, 109 S.E. 862, in which last case the rule was again reaffirmed with full citation of authorities.
Appeal dismissed.
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...183 N.C. 436, 111 S.E. 778; State v. Johnson, 183 N.C. 730, 110 S.E. 782; State v. Brown, 183 N.C. 789, 111 S.E. 780; State v. Barksdale, 183 N.C. 785, 111 S.E. 711; State v. Ward, 180 N.C. 693, 104 S.E. In Rose v. Rocky Mount it was held: "Appeals to the Supreme Court are only within the r......
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Rose v. City of Rocky Mount
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