Legal Opinion

State v. Bramble

Supreme Court of North Carolina

Decided September 15, 1897PublishedCited by 4 opinions

The defendant was convicted on a criminal charge at September Term of Cumberland Circuit Criminal Court, before Sutton, J., and a jury and appealed in forma pauperis. In this C!ourt the Attorney General moved to dismiss appeal for defective affidavit.

1Per curiam

The affidavit to appeal in forma pauperis is fatally defective, as it omits the averment that - it is “made in good faith,” which is required by The Code, Section 1235. The appeal must ho dismissed as a matter of right, not of discretion. State v. Harris, 114 N. C., 830; State v. Rhodes, 112 N. C., 856; State v. Jackson, Ibid, 849; State v. Shoulders, 111 N. C., 637; State v. Wylde, 110 N. C, 500; State v. Tow, 103 N. C., 350; State v. Moore, 93 N. C., 500; State v. Payne, Ibid, 612; State v. Jones, Ibid, 617; State v. Morgan, 77 N. C., 510; State v. Divine, 69 N. C., 390.

Appeal dismissed.

2Cases cited7 opinions

  1. State v. . MorganSupreme Court of North Carolina · 1877
  2. State v. . Divine and AnotherSupreme Court of North Carolina · 1873
  3. State v. . MooreSupreme Court of North Carolina · 1885
  4. State v. HarrisSupreme Court of North Carolina · 1894
  5. State v. . RhodesSupreme Court of North Carolina · 1893

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. State v. . KeeblerSupreme Court of North Carolina · 1907
  2. Honeycutt v. WatkinsSupreme Court of North Carolina · 1909
  3. State v. Atkinson.Supreme Court of North Carolina · 1906
  4. State v. . ParishSupreme Court of North Carolina · 1909

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