State v. . Nash

Clark, J.:

The defendant, who did not appeal in forma pauperis, but has executed his appeal bond, refused to pay the costs of the transcript of the record on appeal. The Clerk thereupon declined to send itup. The application for certiorari therefore presents the question whether, in criminal actions, the Clerk can require the cost of the transcript to be paid in advance. It is settled that in civil cases he can. Andrews v Whisnant, 83 N. C., 446; Bailey v. Brown, 105 N. C., 127.

But in criminal actions it is otherwise. The Code, § 3758, provides, “ No officer shall be compelled to perform any…