State v. Kinyon, 724.

Decision Date15 June 1936
Docket NumberNo. 724.,724.
Citation210 N.C. 294,186 S.E. 368
CourtNorth Carolina Supreme Court
PartiesSTATE. v. KINYON.

Appeal from Superior Court, Granville County; Grady, Judge.

John Kinyon was convicted of rape, and he appeals. On the State's motion to dismiss the appeal.

Appeal dismissed.

The Attorney General, for the State.

DEVIN, Justice.

The defendant was tried upon a bill of indictment charging him with the felony of rape, and was convicted and sentenced to death. Defendant gave notice of appeal, and has filed in this court statement of case on appeal, but has filed no brief.

The Attorney General moves to dismiss the appeal for failure to comply with rules 27 and 28 of this court. This motion must be allowed, but, as is customary in capital cases, we have examined the record to see if any error appears. The only exception noted at the trial was to the refusal of the trial court to allow defendant's motion for judgment as of nonsuit.

In this we find no error, nor do we find any error in the record. State v. Dunlap, 208 N.C 432, 181 S.E. 275.

Appeal dismissed.

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12 cases
  • State v. Pace
    • United States
    • North Carolina Supreme Court
    • June 15, 1936
  • State v. Brice
    • United States
    • North Carolina Supreme Court
    • June 15, 1938
    ...dismiss the appeal for failure to comply with Rules 27 and 28 of this Court as to filing briefs. This motion is allowed. State v. Kinyon, 210 N.C. 294, 186 S.E. 368; State v. Robinson, supra; State v. Hadley, supra. However, as is customary in capital cases, we have examined the record and ......
  • State v. Fowler, 434.
    • United States
    • North Carolina Supreme Court
    • May 4, 1938
    ...moves to dismiss the appeal for failure to comply with rule 28 of this court as to filing briefs. This motion is allowed. State v. Kinyon, 210 N. C. 294, 186 S.E. 368; State v. Robinson, supra; State v. Hadley, supra. However, as is customary in capital cases, we have examined the record an......
  • State v. Mcneill, 217.
    • United States
    • North Carolina Supreme Court
    • February 24, 1937
    ...error appears on the face of 'the record. The examination reveals no error. State v. Williams, 208 N.C. 352, 180 S.E. 663; State v. Kinyon, 210 N.C. 294, 186 S.E. 368." The defendant was convicted of murder in the first degree and the judgment of the court below, in part, was as follows: "I......
  • Request a trial to view additional results

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