State v. . Butner

Olaric, O. J".

This case was tried at the October Term, 1922, of Surry. The defendant was allowed by the judge 60 days in which to serve case on appeal and the State 30 days thereafter to serve counter case. The case on appeal was not served within the 60 days, and there was no application for certiorari filed until 27 March, 1923, which on 3 April, 1923, was denied, and the motion of the Attorney-General to dismiss the appeal was allowed.

This was a motion to reinstate filed on 17 April, 1923, and is based upon the same ground as the motion for certiorari, to wit: That the official…