67 S.E. 1134 | N.C. | 1910
The Attorney-General moves to remand the case on appeal, that it may be served on the solicitor and (if objected to by him) settled by the judge.
It appears that the judge made an entry allowing the case on appeal to be served "on Joseph W. Little, one of the attorneys of record (assisting in the prosecution), in lieu of the solicitor." The defendant's case on appeal was served on said Little, not on the solicitor, and no exceptions or counter-case having been tendered, the defendant's case on appeal has been sent up to this Court. The conviction is of murder in the first degree and there are sixty-eight assignments of error.
In S. v. Cameron,
In S. v. Clenny,
The judge below ignored this rule, doubtless by inadvertence. He could not authorize service of the case on appeal to be made upon any one other than the solicitor, or counsel acting as solicitor (842)pro tem, in the solicitor's absence. S. v. Cameron,
The clerk of the court below will at once transmit a copy of the defendant's case on appeal to the solicitor, who will within fifteen days thereafter serve on the defendant's counsel his exceptions or counter-case, unless he accept the same. To that end, this case on appeal is remanded and this case is continued here to be heard in regular order at the end of the docket, unless upon motion, after the return of the case on appeal, it is set for an earlier day.
Motion allowed.