State v. . Leak
Supreme Court of North Carolina
INDICTMENT agaiut the defendant and others for fornication and adultery, tried at Fall Term, 1883, of Richmond Superior Court, before MoKoy, J. An appeal was taken from the judgment pronounced upon a verdict of guilty, and upon call of the case here, the defendant’s counsel asked for leave to withdraw the appeal, the state assenting thereto.
1Opinion of the CourtMerbjMON, J.
The counsel for the appellant moved at the present term to withdraw the appeal, and the attorney-general consented that the motion might be allowed.
In a criminal case the appeal brings it into the court and its jurisdiction at once attaches. The appellant has not absolute control of the appeal, nor can he withdraw or dismiss it at his will. It is under the control of the court for all lawful purposes, and to be heard and determined according to the course of procedure in such cases.
The appeal is supposed to be for the benefit of the appellant, and to affect him mainly, if not altogether. The…
2Cases cited4 opinions
- State v. . PaylorSupreme Court of North Carolina · 1883
- State v. . JenkinsSupreme Court of North Carolina · 1881
- State v. . EppsSupreme Court of North Carolina · 1877
- State v. . OvertonSupreme Court of North Carolina · 1877
3Cited by3 opinions
- State v. GrundlerSupreme Court of North Carolina · 1959
- State v. . BrewerSupreme Court of North Carolina · 1887
- State v. . LeeSupreme Court of North Carolina · 1884