Legal Opinion

State v. . Ward

Supreme Court of North Carolina

Decided November 4, 1920PublishedCited by 14 opinions

Appeal by defendant from Guión, J., at the January Term, 1920, of Columbus. The defendant was convicted of murder in the first degree at January Term, 1920, of the Superior Court of Columbus County, and appealed from the sentence of death pronounced on the verdict. The transcript of the record was filed in this Court during this, the fall term, and the State moves to dismiss the appeal because not docketed at the spring term of court.

1Opinion of the CourtAlleN, J.

An appeal from a judgment rendered prior to tbe commencement of a term of this Court must be docketed in the Supreme Court at the next succeeding term.(Rule 5, Porter v. R. R., 106 N. C., 479), and the defendant having failed to comply with this rule, the appeal is dismissed, not, however, without an examination of the record to see if there is any substantial error, as the life of the defendant is involved.

Three eye-witnesses testified to the shooting of the deceased by the defendant, and that he fired four shots, two of them after the deceased had fallen.

There is not the slightest evidence…

2Cases cited4 opinions

  1. State v. . SuggsSupreme Court of North Carolina · 1883
  2. Porter v. Western North Carolina RailroadSupreme Court of North Carolina · 1890
  3. State v. . LewisSupreme Court of North Carolina · 1885
  4. Byrd v. HudsonSupreme Court of North Carolina · 1893

3Cited by14 opinions

  1. State v. . FarmerSupreme Court of North Carolina · 1924
  2. State v. . TaylorSupreme Court of North Carolina · 1927
  3. State v. . EdneySupreme Court of North Carolina · 1932
  4. State v. . DingleSupreme Court of North Carolina · 1936
  5. State v. . HamletSupreme Court of North Carolina · 1934

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