Legal Opinion

State v. . Rhodes

Supreme Court of North Carolina

Decided February 5, 1893PublishedCited by 5 opinions

IndiotmeNT against the defendant, James Rhodes, for burning certain barns, the property of Mrs. Mary H. King, tried before Shuford, J., and a jury, at January Term, 1898, of FrankxiN Superior Court. Tliere was a verdict of guilty, and from the judgment thereon defendant was allowed to appeal in forma pauperis, hut in the affidavit omitted to aver that the application was made in good faith.

1Per curiam

The right to appeal in forma pauperis requires some restrictions against abuse. What thej” shall be is for the Legislature to determine ; it has set out the requirements in The Code, §1235. The Court has no right to abrogate any of these requisites. This has been often decided. State v. Jackson, at this Term; State v. Wylde, 110 N. C., 500; State v. Tow, 103 N. C, 350; State v. Jones, 93 N. C., 617; and, indeed, in a full score of cases.

The present case presents an affidavit which lacks the statutory requirement of an averment “of good faith.” The appellant has not done what was requisite to…

2Cases cited2 opinions

  1. State v. . WyldeSupreme Court of North Carolina · 1892
  2. State v. . JonesSupreme Court of North Carolina · 1885

3Cited by5 opinions

  1. State v. . SmithSupreme Court of North Carolina · 1910
  2. S. v. . BrambleSupreme Court of North Carolina · 1897
  3. State v. HarrisSupreme Court of North Carolina · 1894
  4. State v. . HarrisSupreme Court of North Carolina · 1894
  5. State v. BrambleSupreme Court of North Carolina · 1897

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