Tbe defendant was convicted at December Criminal Term, 1946, of tbe Superior Court of Wake County of tbe crime of rape upon Mrs. Fletcher Book, and sentence of death was pronounced upon him in accordance with tbe law. Tbe defendant gave notice of appeal to tbe Supreme Court but no case on appeal has been docketed in this Court and tbe Assistant Clerk of tbe Court of Wake County has certified that no case on appeal bas been filed at tbe office of said Clerk. Tbe time agreed upon by counsel for perfecting tbe appeal, and fixed by tbe Court, and any extension of time which may have been granted, has expired; and tbe Assistant Clerk aforesaid certifies that counsel for tbe defendant bas informed her that be does not intend to perfect tbe appeal.
Whereupon, tbe Attorney-General bas caused tbe record proper to be filed in this Court and moves that tbe case and record be docketed and tbe appeal dismissed under Rule 17 of the Rules of Practice of the Court.
We have carefully examined tbe record filed in' this case and find no error therein. For tbe causes stated tbe motion of the Attorney-General is allowed, tbe appeal is dismissed, and tbe judgment of tbe lower court is affirmed. S. v. Watson, 208 N. C., 70, 179 S. E., 455; S. v. Johnson, 205 N. C., 610, 172 S. E., 219; S. v. Goldston, 201 N. C., 89, 158 S. E., 926; S. v. Hamlet, 206 N. C., 568, 174 S. E., 451.
Appeal dismissed; judgment affirmed.