State v. McLeod, 227 N.C. 411 (1947)

May 7, 1947 · Supreme Court of North Carolina

227 N.C. 411

STATE v. BEN FRANK McLEOD.

(Filed 7 May, 1947.)

Criminal Law § 80b (4)—

Where defendant gives notice of appeal but fails to serve case on- appeal within the time allowed or take any action toward perfecting the appeal, the motion of the Attorney-General to docket and dismiss will be allowed, but where defendant has been convicted of a capital felony this will be done outy after an inspection of the record proper fails to disclose error.

MotioN by State to docket case, affirm tbe judgment-and dismiss tbe appeal.

Attorney-General McMullan and Assistant Attorney-General Moody for the State.

Per Curiam.

Tbe defendant was tried at November Term, 1946, of Scotland Superior Court on a bill of indictment charging bim with tbe murder of one William Kenneth Lowry, and was convicted of murder in tbe first degree. Judgment was entered sentencing bim to death as tbe law directs. From this judgment defendant gave notice of appeal to tbe Supreme Court, but no case on appeal has been made out or served within tbe time allowed by law, nor docketed in this Court. Nothing has been done toward perfecting tbe appeal and tbe time for same has expired.

Tbe motion of tbe Attorney-General to docket and dismiss tbe appeal under Rule 17 is supported by tbe record, and is allowed. We have examined tbe record and find that no error appears on tbe face of tbe record. S. v. Watson, 208 N. C., 70, 179 S. E., 455.

Judgment affirmed; appeal dismissed.