State v. Harris
Supreme Court of North Carolina
The defendant was convicted of larugNy at November Term, 1893, of Granville Superior Court, before Winston, J, and was allowed to appeal without giving bond for costs. In. this Court the Attorney General moved to dismiss for want of appeal bond.
1Opinion of the Court
Clark, J.:
The case states that the defendant prayed an appeal to the Supreme Court and “upon filing his affidavit of his inability to give security for the cost of the appeal ” was allowed to appeal in forma pauperis. These are almost the very words used in State v. Jones, 93 N. C., 617, in which the motion of the Attorney General to dismiss was allowed. The subject is discussed and this precedent is followed in the late case of State v. Jackson, 112 N C., 849. Had the recital been simply that “upon-affidavit filed” the defendant is allowed to appeal without giving bond, there would perhaps…
2Cases cited6 opinions
- State v. . RhodesSupreme Court of North Carolina · 1893
- State v. . MorganSupreme Court of North Carolina · 1877
- State v. . PayneSupreme Court of North Carolina · 1885
- State v. . JonesSupreme Court of North Carolina · 1885
- State v. . RhodesSupreme Court of North Carolina · 1893
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3Cited by7 opinions
- State v. . SmithSupreme Court of North Carolina · 1910
- McIntire v. . McIntireSupreme Court of North Carolina · 1932
- S. v. . BrambleSupreme Court of North Carolina · 1897
- State v. . GatewoodSupreme Court of North Carolina · 1899
- Hanna v. . TimberlakeSupreme Court of North Carolina · 1932
2 more not listed; retrieve them via the Exa API.