Appeal and Error — Dismissal — Rules of Court.
In this case,
held that the appeal be dismissed in the Supreme Court on motion of the State for the failure of the appellant to docket his case at the first term of this Court beginning after the trial below, or apply for a
certiorari upon filing a transcript of the record proper, in accordance with the requirements of the rules of Court regulating such matters.
PER CURIAM.
Though the defendant was convicted and appealed at July Term, 1921, of Richmond, the record was not docketed here, nor was any certiorari applied for, upon a filing of the transcript of the record proper on appeal at the fall term of this Court. Indeed, the appeal was not docketed here until 11 April, 1922. The motion of the Attorney-General to dismiss must be allowed. This has been the uniform practice of the Court, as was held in S. v. Johnson, ante, 730, where the matter is fully discussed with full citation of authorities.
Indeed, this has been the uniform practice in accordance with the rules of the Court in both civil and criminal cases. Among (786) the more recent cases are Howard v. Speight, 180 N.C. 654, citing numerous precedents. At last term the same ruling was reaffirmed in Buggy Co. v. McLamb, 182 N.C. 762; Kerr v. Drake, ibid., 765; Tripp v. Somersett, ibid., 768, and S. v. Satterwhite, ibid., 892, in which last case the rule was again reaffirmed with full citation of authorities.
Appeal dismissed.
Cited: Rose v. Rocky Mount, 184 N.C. 610; Hardy v. Heath, 188 N.C. 272; S. v. Walker, 245 N.C. 661.