State v. . O'Kelly
Supreme Court of North Carolina
INDICTMENT for bigamy tried at June Term, 1882, of Wake Superior Court, before Bennett, J. After verdict of guilty and before the judgment was pronounced, the judge resigned and the office became vacant. James C. MaoRae being appointed his successor, qualified, and presided at the same term, and upon motion of the solicitor, proceeded to judgment against the defendant, from which he appealed.
1Opinion of the CourtRuffin, J.
As the judge who presided at the trial, and before whom the exceptions were taken had gone out of office, no statement of the case on appeal was ever prepared, or filed with the clerk below, nor was any ever sent to this court-. The transcript of the record was filed with the clerk here on the 29th day of January, 1883.
When the cause was called the Attorney-General moved to dismiss the defendant’s appeal upon the ground of his laches, in that, he failed to docket the transcript at the October term last of this court.
The retirement from office of the judge who presided at the trial, put it out…
2Cases cited2 opinions
- Isler v. . Haddock .Supreme Court of North Carolina · 1875
- State v. . FoxSupreme Court of North Carolina · 1879
3Cited by4 opinions
- Pittman v. . KimberlySupreme Court of North Carolina · 1885
- Bacon v. StateSupreme Court of Florida · 1886
- Simmons v. . AndrewsSupreme Court of North Carolina · 1890
- Suiter v. . BrittleSupreme Court of North Carolina · 1884