State v. Simpson

PARKER, Judge.

The judgment appealed from is dated 23 November 1971. The record on appeal was docketed in this Court on 29 February 1972, which was more than ninety days after the date of the judgment. No order extending the time for docketing the record on appeal appears in the record. For failure of appellant to docket the record on appeal within the time allowed by the rules of this Court, this appeal is subject to dismissal. Rule 5, Rules of Practice in the Court of Appeals. State v. Bennett, 13 N.C. App. 251, 185 S.E. 2d 7; State v. Squires, 1 N.C. App. 199, 160 S.E. 2d 550.

Nevertheless,…