Opinion · Supreme Court of North Carolina

State v. . O'Kelly

88 N.C. 609

Type
Opinion
Court
Supreme Court of North Carolina
Jurisdiction
North Carolina
Date
1883-02-05
Topic
general

Ruffin, J. As the judge who presided at the trial, and before whom the exceptions were taken had gone out of office, *610 no statement of the case on appeal was ever prepared, or filed with the clerk below, nor was any ever sent to this court-. The transcript of the record was filed with the clerk here on the 29th day of January, 1883. When the cause was called the Attorney-General moved to dismiss the defendant’s appeal upon the ground of his laches, in that, he failed to docket the transcript at the October term last of this court. The retirement from office of the judge who presided at the trial, put it out of the defendant’s power to have his exceptions stated, and he would, therefor, without doubt, have been entitled to a new trial under the rule laid down in Isler v.

Citator

UpLaw has not yet analyzed State v. . O'Kelly. The absence of a flag is not a finding that it is good law.

Cited by
4 opinions