State v. Steel, 211 N.C. 706 (1937)

June 9, 1937 · Supreme Court of North Carolina

211 N.C. 706

STATE v. FRED (MUTT) STEEL and SAM JONES.

(Filed 9 June, 1937.)

Criminal Haw § 80—

Where defendant, convicted of a capital crime, fails to serve his case on appeal within the time allowed, and fails to request extension of time, his appeal will be dismissed on motion of the Attorney-General in the absence of error on the face of the record.

Appeal by defendants from Rousseau, J., at February Term, 1937, of MeckleNbueg.

Appeal dismissed.

Motion by tbe State to docket and dismiss tbe defendants’ appeal.

Pee Cueiam.

Tbe defendants were charged in tbe bill of indictment witb tbe murder of one Clifford Fowler. Tbe jury returned a verdict of guilty of murder in tbe first degree as to botb defendants, and thereupon sentence of death was pronounced. Tbe defendants gave notice of appeal, but no case on appeal has been served within tbe time allowed by law, and no request has been made for extension of tbe time.

Tbe Attorney-General moves to docket and dismiss tbe appeal. This motion must be allowed, but according to tbe usual rule of this Court in capital cases, we have examined tbe record to see if any error appears. In tbe record we find no error.

Appeal dismissed.