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State v. Dobbs

Supreme Court of North Carolina
Nov 1, 1951
234 N.C. 560 (N.C. 1951)

Summary

holding that when a necessary part of the record has been omitted, the appeal will be dismissed

Summary of this case from Burr v. Jackson

Opinion

Filed 28 November, 1951.

Criminal Law 77a — Where the record contains no warrant or indictment the appeal will be dismissed for want of essential parts of the record.

APPEAL by defendant from Sink, J., June Term, 1951, of GASTON.

Attorney-General McMullan, Assistant Attorney-General Moody, and Robert B. Broughton, Member of Staff, for the State.

Frank P. Cooke for defendant, appellant.


The defendant was tried in Superior Court and found guilty of having in her possession three pints of nontax-paid liquor.

From the judgment entered on the verdict, the defendant appeals, and assigns error.


While the assignments of error appear to be without merit, they are not properly before us for consideration.

The record filed in this Court is fatally defective for the reason that no warrant or bill of indictment appears therein.

The appeal is dismissed on authority of S. v. Dry, 224 N.C. 234, 29 S.E.2d 698; S. v. Currie, 206 N.C. 598, 174 S.E. 447; Pruitt v. Wood, N.C. 788, 156 S.E. 126.

Appeal dismissed.


Summaries of

State v. Dobbs

Supreme Court of North Carolina
Nov 1, 1951
234 N.C. 560 (N.C. 1951)

holding that when a necessary part of the record has been omitted, the appeal will be dismissed

Summary of this case from Burr v. Jackson
Case details for

State v. Dobbs

Case Details

Full title:STATE v. NATALLIE DOBBS

Court:Supreme Court of North Carolina

Date published: Nov 1, 1951

Citations

234 N.C. 560 (N.C. 1951)
67 S.E.2d 751

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When a necessary part of the record has been omitted, the appeal will be dismissed. State v. Dobbs, 234 N.C.…