State v. Davis

No case on appeal setting out the evidence introduced in the hearing below was served within the time allowed by the court. However, it is our understanding that the attorneys for the defendant are not responsible for the failure to serve a case on appeal. Even so, the defendant is entitled to a hearing on the record proper. Bell v. Nivens, 225 N.C. 35, 33 S.E. 2d 66; Lawrence v. Lawrence, 226 N.C. 221, 37 S.E. 2d 496; Hall v. Robinson, 228 N.C. 44, 44 S.E. 2d 345; S. v. Williams, 235 N.C. 429, 70 S.E. 2d 1; Little v. Sheets, 239 N.C. 430, 80 S.E. 2d 44.

The record discloses that the judge of…