Opinion
(September Term, 1892.)
Appeal in Forma Pauperis.
If the affidavit for an appeal in forma pauperis fails to allege that it is taken in good faith, the appeal will be dismissed.
APPEAL from Spring Term, 1892, of BERTIE.
No counsel appeared for defendant.
Motion of the Attorney-General to dismiss.
The affidavit for leave to appeal in forma pauperis, is fatally defective under The Code, sec. 1235, in that it does not state that the application is in good faith. The motion of the Attorney-General must, therefore, be allowed. S. v. Wylde, 110 N.C. 500, and numerous cases there cited.
APPEAL DISMISSED.
Cited: S. v. Bramble, 121 N.C. 603; S. v. Smith, 152 N.C. 842.
(638)