State v. GarnerState v. Garner
- Reporters:
- , ,
- Before:
- Per Curiam.
At a regular term of the Superior Court of Harnett County hеld on the first Monday in Septеmber, 1947, it being the first *67 day of September, 1947, for tbe trial of criminal сases exclusively, tbe dеfendant Emmett Garner was triеd upon a bill of indictment charging bim with crime of murder in tbe first degree. There was verdict of guilty of murder in tbe first degree as charged in tbe bill of indiсtment, upon which judgment of dеath as required by law ‘was рronounced by tbe cоurt at said term of court.
From this judgment defendant gave notice of appеal to tbe Supreme Court, and was allowed to аppeal in forma pauperis, that is, without giving security for costs. Defendаnt was allowed sixty days to prepare and servе statement of case on appeal, and tbe State was allowеd sixty days thereafter to рrepare exceptions thereto or stаtement of eounterсase.
Tbe Clerk of Superior Court of Harnett County certifies, under date of 22 May, 1948, that “no statement of сase of appеal to tbe Supreme Cоurt in this case has ever been filed in this office, and . . . thаt no writ of certiorari in this case has been served” on bim.
Tbe Attorney-Genеral of tbe State of North Carolina moves to dоcket and dismiss tbe casе under Eule 17 of tbe Eules of Prаctice in tbe Supremе Court of North Carolina, 221 N.C. 544, at p. 551, and for affirmance of tbe judgment.
In tbе absence of apparent error upon the face of tbe record tbe motion is allowed. S. v. Watson, 208 N.C. 70, 179 S.E. 455; S. v. Brooks, 224 N.C. 627, 31 S.E. 2d 754; S. v. Nash, 226 N.C. 608, 39 S.E. 2d 596; S. v. Ewing, 227 N.C. 107, 40 S.E. 2d 600; S. v. Lampkin, 227 N.C. 621, 44 S.E. 2d 30; S. v. Little, 227 N.C. 701, 41 S.E. 2d 833; S. v. West, 229 N.C. 416, 47 S.E. 2d 712.
Appeal dismissed — judgment affirmed.