State v. Mitchell

MORRIS, Judge.

It appears that defendant did not docket his record on appeal within the time prescribed by the rules of this Court. He has, however, filed a petition for a writ of certiorari from which it appears that counsel was not remiss nor negligent but mailed the record on appeal in ample time for it to have been received by the Clerk within the time allowed. We, therefore, have allowed the petition for a writ of certiorari and will review the defendant’s trial as requested.

Defendant brings forward four contentions for consideration. Defendant maintains that: (1) the court violated an…