State v. Clough, 226 N.C. 384 (1946)

May 22, 1946 · Supreme Court of North Carolina

226 N.C. 384

STATE v. FRANK (F. P.) CLOUGH.

(Filed 22 May, 1946.)

Criminal Law § 77a—

Where the record fails to show the organization of the lower court and contains no indictment nor verdict, the appeal will be dismissed on motion of the Attorney-General.

Appeal by defendant from Olive, Special Judge, at November Term, 1945, of DavidsoN.

Criminal prosecution on charge of issuing checks in violation of the worthless check statute.

The Attorney-General moved to dismiss for the reasons set forth in written motion filed.

Attorney-General McMullan and Assistant Attorneys-General Rhodes, Moody, and Tucker for the State.

Paul R. Raper for defendant, appellant.

Per Curiam.

The organization of the court below is not made to appear. S. v. Golden, 203 N. C., 440, 166 S. E., 311; S. v. McLamb, 214 N. C., 322, 199 S. E., 81. No bill of indictment or trial in an inferior court from which defendant appealed, vesting the Superior Court with jurisdiction, is disclosed. S. v. Patterson, 222 N. C., 179, 22 S. E. (2d), 267. There is no verdict in the record. Riggan v. Harrison, 203 N. C., 191, 165 S. E., 358; S. v. Golden, supra. The motion of the Attorney-General to dismiss must be allowed.

Appeal dismissed.