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State v. Motley

North Carolina Court of Appeals
Apr 1, 1971
180 S.E.2d 458 (N.C. Ct. App. 1971)

Opinion

No. 7127SC56

Filed 28 April 1971

Criminal Law 155.5 — failure to docket record in apt time Appeal is subject to dismissal for failure of defendant to docket the record on appeal within the time permitted under Court of Appeals rules.

APPEAL by defendant from Falls, Superior Court Judge, 29 July 1970 Session of Superior Court held in GASTON County.

Attorney General Morgan and Staff Attorney Sauls for the State.

J. Ralph Phillips for defendant appellant.


Defendant was tried on a bill of indictment, proper in form, charging her with the felonies of forgery and uttering a forged instrument.

The jury returned a verdict of guilty of the felony of forgery and also guilty of the felony of uttering a forged instrument. From judgments of imprisonment on each count, the defendant appealed to the Court of Appeals.


The record on appeal was not docketed in the Court of Appeals within the time allowed by the rules and no extension of time was granted. For failure to docket the record on appeal within the time permitted under the rules, the case is subject to dismissal.

However, we have carefully considered each of the defendant's assignments of error and find no prejudicial error in the trial.

No error.

Judges PARKER and VAUGHN concur.


Summaries of

State v. Motley

North Carolina Court of Appeals
Apr 1, 1971
180 S.E.2d 458 (N.C. Ct. App. 1971)
Case details for

State v. Motley

Case Details

Full title:STATE OF NORTH CAROLINA v. ORA ALEXANDER MOTLEY

Court:North Carolina Court of Appeals

Date published: Apr 1, 1971

Citations

180 S.E.2d 458 (N.C. Ct. App. 1971)
180 S.E.2d 458

Citing Cases

State v. Boyette

For failure to comply with the rules, the appeal is dismissed. State v. Motley, 11 N.C. App. 209, 180 S.E.2d…