State v. Combs

The opinion of the court was delivered by

Jackson, J.:

Appellant was convicted of forgery in the second degree as defined in G. S. 1949, 21-608 and 21-609. He has attempted to appeal to this court without benefit of counsel although he was represented by counsel in the trial below.

We are disposed to waive every possible technicality where an appeal is filed under such circumstances, but an inspection of the files of this court shows that while the notice of appeal was timely filed, there is no proof of service of the notice of appeal upon the county attorney as required by G. S. 1949, 62-1724.…