State v. . Gatewood
Supreme Court of North Carolina
Appeal, in forma pauperis, from UNION County, by a defendant in a criminal action. There was a conviction, and judgment. The defendant attempted to appeal. Appeal dismissed for reasons stated in the opinion.
1Opinion of the CourtClarK, J.
Appeals in forma ‘pauperis in criminal actions are regulated by The Code, secs. 1235 and 1236. They can be allowed only during’ term of court, and by the Judge; otherwise, the appeal “is a nullity.” State v. Dixon, 71 N. C., 204; State v. Gaylord, 85 N. C., 551. Neither the State nor the prosecutor can waive the requirements upon which leave to appeal in forma pauperis can be made: State v. Moore, 93 N. C., 500. “Tt is not a matter of discrotion with the Court, but it is the right of the State to have an appeal dismissed when there is a failure to- comply” with the requirements of the law.…
2Cases cited7 opinions
- State v. . MooreSupreme Court of North Carolina · 1885
- State v. HarrisSupreme Court of North Carolina · 1894
- Stell v. . BarhamSupreme Court of North Carolina · 1881
- State v. . DuncanSupreme Court of North Carolina · 1890
- State v. . DixonSupreme Court of North Carolina · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State v. . StaffordSupreme Court of North Carolina · 1932
- Honeycutt v. WatkinsSupreme Court of North Carolina · 1909
- State v. . SmithSupreme Court of North Carolina · 1910
- State v. . HarrisSupreme Court of North Carolina · 1894
- Hanna v. . TimberlakeSupreme Court of North Carolina · 1932
2 more not listed; retrieve them via the Exa API.