45 S.E. 525 | N.C. | 1903
The statement of the case on appeal is signed by the attorneys for the appellant defendants, and below their signatures there is an entry in these words: "The State failed to file any exception of countercase. It does not appear in the record that the case was ever tendered to the solicitor of the district, and in S. v. Cameron,
We are of the opinion that the acceptance of service of the appellant's case on appeal by Faison Grady does not meet the requirements of the law for the purpose intended. The solicitor, as we said in S. v. Cameron,supra, represents the State in criminal prosecutions, and the statement of the case on appeal in such case should be submitted to him for acceptance of objection. . . . An attorney who simply appears for a private prosecutor only aids the State in the trial, but does not represent the State in the sense of one of its sworn officers.
However, out of favor to the appellants, this matter will be remanded to the court below, with instructions to the clerk to send at once to the solicitor of the district a copy of the case on appeal, together with a copy *508 of the statement of Faison Grady, to the end that that officer (the solicitor) may make such entry upon the case on appeal as may embody what took place before his Honor, Judge Peebles, at the time mentioned in the statement of Faison Grady, and that the statement of the solicitor be returned to this Court by the clerk of the Superior Court of SAMPSON.
Of course, we do not mean to intimate that the statement of Faison Grady is not a correct statement of what occurred before Judge(664) Peebles, but we think it safer to lay down the general rule that the signature of the solicitor, a sworn officer, should appear in the make-up of all criminal actions on appeal where he is present at the trial.
Remanded.
Cited: S. v. Marsh,