State v. Kelly

The opinion of the Court was delivered by

Mr. Justice Hydrick.

This case was submitted at the November term, 1910. The appeal was dismissed without consideration, of the merits, because appellant’s attorney filed no argument. 71 S. E. 39. (Not reported officially.) At the June term, 1911, appellant’s attorney moved the Court to reinstate the appeal; having satisfactorily excused his failure to file an argument, the motion was granted, and he was allowed to file an argument.

The appeal was heard on the following agreed statement of facts: “That the defendant, W. P. Kelly, was tried on June…