STATE v. DRY

Criminal Law § 77a —

On appeal in a criminal case the indictment or warrant is a necessary part of the case on appeal and in its absence the appeal will be dismissed.

Defendant entered a plea of guilty on 8 February, 1943, to charges contained in four separate warrants, in the recorder's court of Cabarrus County. Prison sentence was entered in each case and suspended upon certain conditions. The recorder of said court, on 6 December, 1943, found as a fact that the defendant had willfully violated the terms and conditions of the suspended sentence in one of the above cases, and ordered capias to issue. Defendant appealed to the Superior Court and the judgment of the recorder's court was affirmed. Whereupon, the defendant appealed to the Supreme Court and assigns error.