State v. Wray, 8.
| Decision Date | 13 April 1949 |
| Docket Number | No. 8.,8. |
| Citation | 52 S.E.2d 878,230 N.C. 271 |
| Court | North Carolina Supreme Court |
| Parties | STATE . v. WRAY. |
Appeal from Superior Court, Rockingham County; F. Donald Phillips, Judge.
Caleb I. Wray was convicted under indictments charging violation of prohibition law, assault with a deadly weapon, and resisting an officer, and he appeals. On the Attorney General's motion to dismiss the appeal.
Motion allowed and appeal dismissed.
Criminal prosecution on charge of (a) violation of prohibition laws, (b) assault with a deadly weapon, and (c) resisting an officer
The Attorney General moved to dismiss for the reasons set forth in the written motion filed.
Harry McMullan, Atty. Gen., and Hughes J. Rhodes, Asst. Atty. Gen, for the State.
P. W. Glidewell, Sr., of Reidsville, for defendant, appellant.
The defendant appears to have been tried on four bills of indictment which were consolidated for trial. Only one of these appears in the record, which contains four counts respecting violation of the prohibition laws. The record discloses that defendant was convicted in "cases numbers 166, 167 and 168, " "on all three counts, " and the judgment is rendered in 167, which is identified therein as the count of resisting an officer, "that the defendant be confined in the common jail of Rockingham County, assigned to work on the roads for a term of 18 months"; and that in 168, the count of assault with a deadly weapon, the defendant was sentenced to the county jail of the county and assigned "to work on the public roads under the supervision of the Public Works Commission for a term of 18 months, " the sentence to begin running at the expiration of the foregoing sentence; adding, "This sentence not to run concurrently, but to begin running at the expiration of the sentence imposed in 167:--to run concurrently and not consecutively, " (sic). And in number 166 the defendant was sentenced to be confined in the county jail to work on the roads for two years, the sentence suspended for a period of five years on condition.
The record contains only one indictment, unnumbered, which may or may not have-been the indictment under which defendant was found guilty.
At any rate, no indictments appear in the record relating to the resisting of an officer, or to an assault with a deadly weapon, under which the defendant was apparently convicted and sentenced; and it is impossible for the Court to determine with that certainty which the law requires whether the indictment set out in the...
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State v. Childs, 83
...N.C. 112, 66 S.E.2d 819; State v. Daniels, 231 N.C. 17, 56 S.E.2d 2, cert. den. 339 U.S. 954, 70 S.Ct. 837, 94 L.Ed. 1366; State v. Wray, 230 N.C. 271, 52 S.E.2d 878; State v. Frizell, 111 N.C. 722, 16 S.E. This is said in 1 Strong's N.C. Index, Criminal Law, § 160; 'The burden is on defend......
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State v. Jenkins
...warrant or verdict; State v. Ravensford Lumber Co., 207 N.C. 47, 175 S.E. 713, dismissed for failure to bring up pleadings; State v. Wray, 230 N.C. 271, 52 S.E.2d 878, dismissed for failure to show indictment; State v. McDraughon, 168 N.C. 131, 83 S.E. 181, dismissed for failure to supply l......
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State v. Pennell, 7821SC616
...courts have dismissed appeals from convictions when the pertinent indictments were not included in the record. See State v. Wray, 230 N.C. 271, 52 S.E.2d 878 (1949); State v. Currie, 206 N.C. 598, 174 S.E. 447 (1934); State v. McDraughon, 168 N.C. 131, 83 S.E. 181 (1914). This Court, howeve......
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