State v. Hayeslipps

• Decision Date: 29 October 1930
• Docket Number: 352.
• Citation: 155 S.E. 927,199 N.C. 636
• Parties: STATE v. Percy HAYESLIPPS and Robert Harris.
• Court: North Carolina Supreme Court

155 S.E. 927

199 N.C. 636

STATE v. Percy HAYESLIPPS and Robert Harris.

No. 352.

Supreme Court of North Carolina

October 29, 1930

Motion by state to docket and dismiss appeal.

Where no error appears on face of record on unperfected appeal from conviction of capital offense of rape, state's motion to dismiss must be allowed.

D. G. Brummitt, Atty. Gen., and Frank Nash, Asst. Atty. Gen., for the State.

STACY, C.J.

At the May term, 1930, Forsyth superior court, the defendants herein, Percy Hayeslipps and Robert Harris, were tried upon an indictment charging them with a capital offense, to wit, rape, which resulted in a conviction of both the defendants, and sentences of death pronounced thereon. From the judgments thus entered, the defendants gave notice of appeal to the Supreme Court, but nothing has been done towards perfecting same.

As no error appears on the face of the record proper, the motion of the state must be allowed. State v. Brumfield, 198 N.C. 613, 152 S.E. 926.

Appeal dismissed.