State v. Massey
| Decision Date | 22 October 1930 |
| Docket Number | 322. |
| Parties | STATE v. MASSEY. |
| Court | North Carolina Supreme Court |
Willie Massey was convicted of murder, and he appeals. On motion by State to affirm judgment and dismiss appeal.
Affirmed, and appeal dismissed.
Supreme Court will affirm judgment and dismiss appeal for failure to prosecute capital punishment case, but only after examining record.
Walter B. Bass and Clarence L. Lynn, both of Durham, for appellant.
D. G. Brummitt, Atty. Gen., and Frank Nash, Asst. Atty. Gen., for the State.
At the May term, 1930, Durham superior court, the defendant herein, Willie Massey, was tried upon indictments charging him (1) with the murder of one Floyd Moore and (2) with the murder of one Dora Moore, which resulted in convictions of murder in the first degree in the first case and murder in the second degree in the second case, and a sentence of death pronounced on the capital conviction. From the verdict rendered in the first case 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, albeit he was allowed to appeal in forma pauperis.
The case on appeal was settled by agreement, October 3, 1930, and filed here October 11, 1930. Nothing more has been done. The motion of the Attorney General must be allowed (State v. Taylor, 194 N.C. 738, 140 S.E. 728), but this we do only after an examination of the record and the case, as the life of the prisoner is involved. State v. Ward, 180 N.C. 693, 104 S.E. 531.
The assignments of error, appearing on the record, are without substantial merit; hence the judgment will be affirmed, and the appeal dismissed.
Judgment affirmed; appeal dismissed.
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