State v. Lewis

The case is not properly before us. Therefore, the questions set forth in the assignments of error are not properly presented. It is established law in North Carolina that the rules governing appeals are mandatory, not directory. State v. Kirby, 276 N.C. 123, 171 S.E. 2d 416 (1970).

Judge Johnston, the trial judge, on the date of the judgment, 12 March 1970, gave the defendant thirty days to prepare and serve his statement of case on appeal and allowed the State thirty days thereafter to serve countercase. On 10 April 1970 Judge Crissman entered an order, upon defendant’s motion, allowing the…