State v. . Martin

This appeal was taken in forma pauperis from Cline, J. On motion of the State, the appeal was dismissed because the affidavit for leave to appeal without giving bond did not state, as required by Revisal 3278, that “the application is in good faith.” It has been repeatedly held that an order permitting such appeal in a criminal ease is fatally defective if the affidavit does not comply with the statute, because the requirement is jurisdictional, and unless the affidavit is sufficient the appeal must be dismissed as a “matter of right, and not of discretion.” S. v. Bramble, 121 N. C., 603,…