State v. Laurence

• Decision Date: 25 November 1936
• Docket Number: 364.
• Citation: 188 S.E. 326,210 N.C. 741
• Parties: STATE v. LAURENCE.
• Court: North Carolina Supreme Court

188 S.E. 326

210 N.C. 741

STATE v. LAURENCE.

No. 364.

Supreme Court of North Carolina

November 25, 1936

Appeal from Superior Court, Iredell County; Thos. J. Shaw, Emergency Judge.

Brady Laurence was convicted of murder in the first degree, and he appeals. On motion to docket and dismiss the appeal.

Appeal dismissed.

Failure of defendant to make out and serve statement of case on appeal or to do anything toward perfecting the appeal held to require its dismissal.

A. A. F. Seawell, Atty. Gen., and Harry McMullan, Asst. Atty. Gen., for the State.

DEVIN, Justice.

At the August term, 1936, of the superior court of Iredell county, said term beginning August 3, Brady Laurence was tried upon indictment charging him with the murder of one E. Clyde Ervin. The jury returned a verdict of guilty of murder in the first degree and thereupon sentence of death was pronounced by the court. The defendant gave notice of appeal to the Supreme Court and was allowed 30 days within which to serve statement of case on appeal. Nothing has been done toward perfecting the appeal. The time allowed for serving statement of case has long since expired. State v. Moore, 210 N.C. 459, 187 S.E. 586.

The prisoner, having failed to make out and serve statement of case on appeal, has lost his right to prosecute his appeal, and the motion of the State to docket and dismiss must be allowed. However, this being a case in which the life of the prisoner is involved, we have examined the record to see if any 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.

Appeal dismissed.