Owens v. State

Smith, Judge.

Owens was convicted by the Wilkes County Superior Court on charges of theft by taking; he appealed to this court; and the trial court dismissed his appeal following his delay in filing an affidavit of poverty in response to a bill of costs for the appeal. We find that the delay was neither unreasonable nor inexcusable, so the judgment of dismissal is reversed.

On November 5, 1976, Owens was convicted and sentenced and his notice of appeal was filed. Delays in the preparation and filing of the trial transcript were properly covered by duly filed motions for time extensions. The…