81 S.E. 293 | N.C. | 1914
This is a conviction for murder in the first degree. When the case was called for argument, counsel who had formerly represented the prisoner stated that his client had escaped jail, and that he would not file any brief for him.
This case stands on the same basis as any other. The fact that the prisoner has been found guilty of a capital offense gives him no special privilege or claim to consideration over any other litigant. The presumption of law is that the trial below was correct. No appellant is entitled to have his case reviewed except by following the method prescribed by law and the rules of the Court. If this appellant had not entered his appeal within ten days, or if he had not filed his bond or obtained leave to appeal in forma pauperis, or if he had not docketed his transcript in due time, or by his laches had failed to have the case settled by the judge: in any of these cases the appeal would be dismissed or other appropriate action taken, as in all other cases. The fact that he has withdrawn himself from the jurisdiction of the court by flight puts him in no better condition.
In S. v. Jacobs,
In S. v. Anderson,
In S. v. Cody,
In S. v. Dixon,
In S. v. Moses,
In S. v. Jacobs,
In S. v. Keebler, supra, the Court said: "No court will ordinarily decide a moot point, a mere abstraction; and to cumber the docket will ordinarily be useless, leading merely to a dismissal of the appeal at some future term, as in S. v. Cody, supra." In both that case and in S. v.Jacobs, supra, there are numerous citations from other States showing that this is the general practice.
There are also numerous decisions showing that there is no distinction as to the procedure in this Court between appeals in criminal and in civil cases. In S. v. Spivey,
Affirmed.
Cited: S. v. Martin,