State v. Watson, 75.
| Decision Date | 20 March 1935 |
| Docket Number | No. 75.,75. |
| Citation | 208 N.C. 70,179 S.E. 455 |
| Court | North Carolina Supreme Court |
| Parties | STATE. v. WATSON. |
miss appeal, and certificate should show day on which court convened, name of judge who presided, organization and action of grand jury, indictment in full, impaneling and action of petit jury, judgment, appeal entries, and facts constituting abandonment of, or failure to prosecute, appeal (C. S. § 4654; Rules 5 and 17 of the Rules of Practice In the Supreme Court).
Booker T. Watson was convicted of murder in the first degree, and he appeals. On motion by state to docket and dismiss appeal.
Appeal dismissed.
A. A. P. Seawell, Atty. Gen., and John W. Aiken, Asst. Atty. Gen., for the State.
At the August criminal term, 1934, Nash superior court, the defendant herein, Booker T. Watson, was tried upon indictment charging him with the murder of one Hines B. Williams, which resulted in a conviction of murder in the first degree and sentence of death. From the judgment thus entered, the defendant gave notice of appeal to the Supreme Court. The clerk certifies that nothing has been done towards perfecting the appeal, and the time for serving statement of case has expired. State v. Brown, 206 N. C. 747, 175 S. E. 116. No bond was required, as the defendant was granted the privilege of appealing in forma pauperis. State v. Stafford, 203 N. C. 601, 166 S. E. 734.
The prisoner, having failed to make out and serve statement of case on appeal within the statutory period, or the time extended (no extension of time was asked or granted), lias lost his right to prosecute the appeal, and the motion of the Attorney General to docket and dismiss must be allowed. State v. Johnson, 205 N. C. 610, 172 S. E. 219. It is customary, however, in capital cases, where the life of the prisoner is involved, to examine the record to see that no error appears upon its face. State v. Goldston, 201 N. C. 89, 158 S. E. 926. This we have done in the instant case, without discovering any error on the face of the record. State v. Hamlet, 206 N. a 568, 174 S. E. 451.
When an appeal is taken in a criminal prosecution and execution of the judgment stayed, as provided by C. S. § 4G54, it is required of the clerk of the superior court that he notify the Attorney General of the appeal; and, if the statutory time for perfecting the appeal has been extended, this fact should be brought to his attention. State v. Etheridge, 207 N. C. 801, 178 S. E. 556.
Even though execution of the...
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Brown v. Allen Speller v. Allen Daniels v. Allen
...232 N.C. 196, 59 S.E.2d 430. 28 Compare Taylor v. State of Alabama, 335 U.S. 252, 68 S.Ct. 1415, 92 L.Ed. 1935. 29 State v. Watson, 208 N.C. 70, 71, 179 S.E. 455, 456, is a capital case where the prisoner 'failed to make out and serve statement of case on appeal within the statutory period'......
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State v. Warren, 14
...cases reaching this Court, it is the settled policy to examine the record for the ascertainment of reversible error. State v. Watson, 208 N.C. 70, 179 S.E. 455; State v. Stovall, 214 N.C. 695, 200 S.E. 426; State v. Moore, 216 N.C. 543, 5 S.E.2d 719; State v. Williams, 216 N.C. 740, 6 S.E.2......
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State v. Dockery
...the Court finds no error on the record proper, the judgment of the court below will be affirmed and the appeal dismissed. State v. Watson, 208 N.C. 70, 179 S.E. 455; State v. Lewis, 230 N.C. 539, 53 S.E.2d 528; State v. Medlin, 231 N.C. 162, 56 S.E.2d we have heretofore pointed out, we have......
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State v. McCoy, 577
...cases reaching this Court, it is the settled policy to examine the record for the ascertainment of reversible error. State v. Watson, 203 N.C. 70, 179 S.E. 455; State v. Stovall, 214 N.C. 695, 200 S.E. 426; State v. Moore, 216 N.C. 543, 5 S.E.2d 719; State v. Williams, 216 N.C. 740, 6 S.E.2......