State v. . McDraughon
Supreme Court of North Carolina
Appeal by defendant from Whedbee, J., at February Term, 1914, of SAMPSON. This is a motion to dismiss the appeal because of the insufficiency of the transcript. The defendant was tried in the Superior Court upon an indictment duly' found, and upon conviction was sentenced to serve eight months upon the county roads.
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Appeal by defendant from Whedbee, J., at February Term, 1914, of SAMPSON. This is a motion to dismiss the appeal because of the insufficiency of the transcript. The defendant was tried in the Superior Court upon an indictment duly' found, and upon conviction was sentenced to serve eight months upon the county roads. Since the trial the bill of indictment has been lost, without fault, so far as the record discloses, upon the part of the defendant, and therefore is not a part of the transcript. The defendant has not made any effort to have the indictment supplied in the Superior Court, nor has…
1Opinion of the Court
• AlleN, J.
An inspection of the indictment is necessary in the consideration of the motion to quash, and also in order that we may pass upon the pertinency of the exceptions to the charge, and the question is therefore presented, upon the motion to dismiss, as to whose duty it is to supply the defect in the transcript.
In eases of this character the jurisdiction of this Court is not original, but appellate, and we are confined to the alleged errors in the case on appeal or those appearing on the face of the transcript of the record.
The presumption is that the judgment of the Superior Court is…
2Cases cited8 opinions
- State v. . ButtsSupreme Court of North Carolina · 1884
- State v. RiversSupreme Court of Iowa · 1882
- State v. SimpsonSupreme Court of Missouri · 1878
- Bradford v. StateSupreme Court of Alabama · 1875
- Klein v. StateIndiana Supreme Court · 1901
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3Cited by12 opinions
- Pruitt v. WoodSupreme Court of North Carolina · 1930
- Pruitt v. . WoodSupreme Court of North Carolina · 1930
- State v. . GosnellSupreme Court of North Carolina · 1935
- State v. StubbsSupreme Court of North Carolina · 1965
- State v. . CurrieSupreme Court of North Carolina · 1934
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