State v. Funk

*301The opinion of the court was delivered by

Wedell, J.:

The defendant was convicted of forcible rape, and appeals.

Before considering appellant’s contentions we shall notice appellee’s contention that appellant waived his right of appeal by reason of failure to comply with all the provisions of G. S. 1939 Supp. 62-1724, subdivision (5), which specifies what appellant shall do in the event he desires to have execution of his sentence stayed, or to be released from custody on bond pending his appeal. We do not think the statute was so intended and it should not be so construed. The appeal was taken…