State v. Harris
| Decision Date | 10 September 1930 |
| Docket Number | 43. |
| Parties | STATE v. HARRIS et al. |
| Court | North Carolina Supreme Court |
Appeal from Superior Court, Edgecombe County; Sinclair, Judge.
Peter Harris and another were tried upon an indictment charging them with the murder of Tom Cooper. From a verdict of manslaughter and judgment thereon, defendants appeal. Motion by the State to dismiss appeal.
Appeal dismissed.
Appeal in homicide case, not brought to next succeeding term of Supreme Court, was dismissed; there having been no application for certiorari.
D. G. Brummitt, Atty. Gen., and Frank Nash, Asst. Atty. Gen., for the State.
R. T. Fountain and T. W. Fitts, both of Rocky Mount, and George M. Fountain, of Tarboro, for appellees.
This action was tried at the January term, 1930, Edgecombe superior court, which commenced January 20 and ended five days thereafter. The case on appeal was docketed here August 20, 1930. There was no application for a writ of certiorari at the next succeeding term of the Supreme Court commencing after the rendition of the judgment in the superior court, the term to which the appeal should have been brought. State v. Farmer, 188 N.C. 243, 124 S.E. 562; Pentuff v. Park, 195 N.C. 609, 143 S.E. 139.
The appeal, therefore, must be dismissed for failure to comply with the rules. Mills v. Surety Co., 192 N.C. 52, 133 S.E. 172; Stone v. Ledbetter, 191 N.C. 777, 133 S.E. 162.
It is true that appeals in civil cases from the First, Second, Third, and Fourth districts, which are tried between the 1st day of January and the first Monday in February, or between the 1st day of August and the fourth Monday in August, are not required to be docketed at the immediately succeeding term of this court, though the rule is otherwise in criminal prosecutions, and even in civil cases, if docketed in time for hearing at said first term, the appeal will stand regularly for argument. Pentuff v. Park, supra.
Appeal dismissed.
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