State v. . Payne
Supreme Court of North Carolina
Appeals in forma pauperis. INDICTMENT, tried before MacRae, Judge, and a jury, at Spring Term, 1885, of the Superior Court of Ashe county. The defendant was found guilty, and upon judgment being pronounced against him, appealed to this Court.
Read the full summary
Appeals in forma pauperis. INDICTMENT, tried before MacRae, Judge, and a jury, at Spring Term, 1885, of the Superior Court of Ashe county. The defendant was found guilty, and upon judgment being pronounced against him, appealed to this Court. Not being able to give the undertaking on appeal, he applied to the Court to be allowed to appeal without security, and in support of his application filed an affidavit as follows: “James Payne, defendant in above case, after being duly sworn, says that he is unable to give security, or make the deposit required by law, to enab'e him to appeal to the…
1Opinion of the Court
Ashe, J.,
(after stating the facts). The affidavit is not in compliance with the statute. When persons are convicted, and are unable to give security for costs, the statute provides that “ the defendant,shall have the right to appeal without giving security for costs, upon filing an affidavit that he is wholly unable to give the security for costs, and is advised by counsel that he has reasonable cause for the appeal prayed, and that the application is in good faith.” The Code, §1235. The words in italics are held to be essential in an affidavit of this nature, to secure against appeals merely…
2Cases cited2 opinions
- State v. . MorganSupreme Court of North Carolina · 1877
- State v. . Divine and AnotherSupreme Court of North Carolina · 1873
3Cited by8 opinions
- State v. . WyldeSupreme Court of North Carolina · 1892
- State v. . StaffordSupreme Court of North Carolina · 1932
- Honeycutt v. WatkinsSupreme Court of North Carolina · 1909
- State v. HarrisSupreme Court of North Carolina · 1894
- State v. . HarrisSupreme Court of North Carolina · 1894
3 more not listed; retrieve them via the Exa API.