State v. May
| Decision Date | 17 March 1896 |
| Citation | 24 S.E. 118,118 N.C. 1204 |
| Court | North Carolina Supreme Court |
| Parties | STATE. v. MAY. |
Criminal Law—Appeal—Insufficient Record.
Where an insufficient record is sent up, and it is not shown that appellant is free from laches, the appeal will be dismissed, unless a serious question is presented.
Appeal from superior court, Lenoir county; Graham, Judge.
Appeal by Stephen May from an order refusing an arrest of judgment on an alleged defect in the indictment. Dismissed.
The Attorney General, for the State.
The transcript fails to show that the court was held by a judge at the time and place required by law; that a grand jury was drawn, sworn, and charged, and presented the indictment; and there are other defects. It is the duty of the appellant to have the record sent up, and, when it is in such condition as above stated, usually, the court will dismiss the appeal, unless it is shown that the appellant was guilty of no laches; otherwise, the appellant could always procure six months' delay by simply failing to have a sufficient record sent up. State v. McDowell, 93 N. C. 541; State v. Johnston, Id. 559. The court has sometimes not dismissed in such case, but never unless a serious question is presented, as in State v. Farrar, 103 N. C. 413, 9 S. E. 449, and cases cited But in the present case the only exception is for refusal to arrest the judgment on the allegation of a defect in the indictment, and, on inspection, there is no defect. Code, § 985, subsec. 6, has been amended by Act 1885, c. 66, repealing that part requiring an allegation of intent. State v. Rogers, 94 N. C. 860. Appeal dismissed.
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...dismissed. State v. Golden, 203 N.C. 440, 166 S.E. 311. First, the transcript fails to show the organization of the court ( State v. May, 118 N.C. 1204, 24 S.E. 118), or the "court was held by a judge authorized *** to hold it, and at the place and time prescribed by law." State v. Butts, 9......
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...it was, without full incorporation of it therein, it may be doubted whether the case is properly before us for decision. State v. May, 118 N.C. 1204, 24 S.E. 118. On appeal in criminal cases, the indictment or warrant and plea on which the case is tried, the verdict and the judgment appeale......
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