State v. Byrd

MALLARD, Chief Judge.

Defendant’s record on appeal was docketed on 13 July 1970. Under the rules of practice in this court, it should have been docketed within ninety days after 24 March 1970. On 13 November 1970 defendant filed a petition for certiorari as a substitute for an appeal. This petition is allowed, and the case is considered on its merits.

The evidence for the State tended to show that on 21 November 1969 the prosecuting witness, Brafman, and three other Marines were on their way back to Camp Lejeune after having attended a dance in Kinston. They stopped at defendant’s place of…