24 S.E. 118 | N.C. | 1896
The transcript fails to show that the court was held by a judge at the time and place required by law; that a grand jury was drawn, sworn and charged, and presented the indictment, and there are other defects. It is the duty of the appellant to have the record sent up; and when it is in such condition as above stated, usually the Court will dismiss the appeal, unless it is shown that the appellant was guilty of no laches; otherwise, the appellant could always procure six months' delay by simply failing to have a sufficient record sent up. S. v. McDowell,
Dismissed.
Cited: S. v. Daniel,