State v. Brumfield
| Decision Date | 23 April 1930 |
| Docket Number | 425. |
| Citation | 152 S.E. 926,198 N.C. 613 |
| Parties | STATE v. James BRUMFIELD. |
| Court | North Carolina Supreme Court |
Appeal from Superior Court, Union County.
Motion by state to dismiss appeal.
D. G. Brummitt, Atty. Gen., and Frank Nash, Asst. Atty. Gen., for the State.
At the October criminal term, 1929, Union superior court, the defendant herein, James Brumfield, was tried upon an indictment charging him with a capital felony, to wit, burglary in the first degree, which resulted in a conviction and sentence of death. From the verdict thus rendered and judgment entered thereon, the defendant gave notice of appeal to the Supreme Court, but this has not been prosecuted as required by the rules. Indeed, as the attempted appeal is in forma pauperis, and the affidavit for leave to appeal without giving security for costs fails to state, as required by C. S. § 4651, that ""the application is in good faith," it may be doubted as to whether we have any jurisdiction to hear the matter. State v. Martin, 172 N.C. 977, 90 S.E. 502. Nevertheless, as the life of the prisoner is involved, we have examined the case, and find no error on the face of the record.
The motion of the state must be allowed.
Appeal dismissed.
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State v. Stafford
... ... presumption of regularity or sufficiency can arise ( ... State v. Jones, 93 N.C. 617), and the appeal will be ... dismissed, not as a matter of discretion, but because it was ... improvidently granted. State v. Marion, 200 N.C ... 715, 158 S.E. 406; State v. Brumfield", 198 N.C. 613, ... 152 S.E. 926; State v. Smith, 152 N.C. 842, 67 S.E ... 965; State v. Atkinson, 141 N.C. 734, 53 S.E. 228; ... State v. Wylde, 110 N.C. 500, 15 S.E. 5; State ... v. Duncan, 107 N.C. 818, 12 S.E. 382; State v ... Morgan, 77 N.C. 510; State v. Payne, 93 N.C ... \xC2" ... ...
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State v. Marion
...and unless the affidavit is sufficient the appeal must be dismissed as a 'matter of right, and not of discretion." D' See State v. Brumfield, 198 N.C. 613, 152 S.E. 926; State v. Martin, 172 N.C. 977, 90 S.E. State v. Smith, 152 N.C. 842, 67 S.E. 965; State v. Atkinson, 141 N.C. 734, 53 S.E......
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State v. Bynum
... ... leave to appeal without giving security for costs fails to ... state, as required by C. S. 4651, that "the application ... is in good faith," it may be doubted as to whether we ... have any jurisdiction to hear the matter. State v ... Brumfield, 198 N.C. 613, 152 S.E. 926. Nevertheless, as ... the case is a capital one, we have examined the papers, and ... find no error on the face of the record proper ... The ... motion of ... ...