State v. . Harris

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 formapauperis. These are almost the very words used in S. 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 S. 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 have been a…