State v. Sherron

The judgment sentencing defendant was entered 12 June 1968. The record on appeal was docketed in this Court 4 December 1968. This was 175 days after the date of the judgment appealed from. For failure to docket within the time prescribed by the rules of this Court, this case should be dismissed ex mero motu. Rules 5 and 48, Rules of Practice in the Court of Appeals; State v. Farrell, 3 N.C. App. 196, 164 S.E. 2d 388; State v. Squires, 1 N.C. App. 199, 160 S.E. 2d 550. Nevertheless, in an effort to determine that justice is done, we have reviewed the record with respect to the assignments of…