State v. Evans

PARKER, Judge.

No appeal lies from an order of the trial court dismissing an appeal for failure to perfect it within apt time, the proper remedy to obtain review in such case being by petition for writ of certiorari. Lightner v. Boone, 221 N.C. 78, 19 S.E. 2d 144 (1942); Chozen Confections, Inc. v. Johnson, 220 N.C. 432, 17 S.E. 2d 505 (1941). Accordingly, this purported appeal is dismissed.

In order to afford defendant a review of the trial court’s order which dismissed his appeal, we have elected to treat defendant’s attempted appeal in this case as a petition for a writ of certiorari and…