State v. Mcneill, 217.

• Decision Date: 24 February 1937
• Docket Number: No. 217.,217.
• Citation: 189 S.E. 872,211 N.C. 286
• Court: North Carolina Supreme Court
• Parties: STATE. v. McNEILL.

211 N.C. 286

189 S.E. 872

STATE.

v.McNEILL.

No. 217.

Supreme Court of North Carolina.

Feb. 24, 1937.

Appeal from Superior Court, Harnett County; W. A. Devin, Judge.

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

Remanded with directions.

The defendant was tried on a bill of indictment for murder. There was a verdict against defendant of murder in the first degree, and the judgment in the court below was that defendant should suffer death by the administration of lethal gas.

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

CLARKSON, Justice.

This was a motion made by the Attorney General and Assistant Attorney General to docket and dismiss the appeal 'made by defendant on the ground that "the defendant has failed to serve any case on appeal within the time provided by law and has failed to perfect the said appeal in the manner required by law." State v. Moore, 210 N.C 459, 187 S.E. 586, and Id., 210 N.C 686, 188 S.E. 421.

In State v. Laurence, 210 N.C. 741, 742, 188 S.E. 326, is the following: "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."

The defendant was convicted of murder in the first degree and the judgment of the court below, in part, was as follows: "It is therefore ordered and adjudged that the said prisoner, James McNeill, suffer for his crime the penalty of death as provided by law, and to that end. It is further ordered and adjudged, That the Sheriff of Harnett County, in whose custody the prisoner now is, forthwith convey to the State's Prison at Raleigh said prisoner, James McNeill, and deliver him to the Warden of the said State's Prison, and said James McNeill shall there be safely held until the 25th day of October, 1935, when and where between the hours of 6:00 A. M. and 5:00 P. M. he, the said James McNeill, shall suffer death by the administration of lethal gas, in the manner now provided by statute, until said prisoner, James McNeill, is dead."

No error appears on the record except in the judgment. In the record...