State v. Hawley
Court of Appeals of North Carolina
1Opinion of the Court
MARTIN, Judge.
There is nothing in the record to disclose how the superior court obtained jurisdiction of this case. “The Court of Appeals will take notice ex mero motu of the failure of the record to show jurisdiction in the court entering the judgment appealed from.” State v. Byrd, 4 N.C. App. 672, 673, 167 S.E. 2d 522 (1969). It is the duty of the defendant appellant to see that the record on appeal is properly made up and transmitted to the Court of Appeals. State v. Parks, 20 N.C. App. 207, 200 S.E. 2d 837 (1973) ; State v. Marshall, 11 N.C. App. 200, 180 S.E. *2242d 464 (1971) ; State v.…
2Cases cited4 opinions
- State v. BanksSupreme Court of North Carolina · 1955
- State v. ByrdCourt of Appeals of North Carolina · 1969
- State v. ParksCourt of Appeals of North Carolina · 1973
- State v. MarshallCourt of Appeals of North Carolina · 1971