Defendant, having been permitted to appeal in forma pauperis, docketed in this Court typewritten record and case on appeal but he failed to file a brief. Thereupon the Attorney-General moved to dismiss under Eule No. 28. In re Bailey, 180 N. C., 30, 103 S. E., 896; Comrs. v. Dickson, 190 N. C., 330, 129 S. E., 814.

As is the custom with us in criminal causes involving the death penalty; before acting upon the motion of the Attorney-General, we have carefully examined the record. No material defect appears therein. We have likewise considered the exceptions appearing in the case on appeal. They are without merit. The motion to dismiss is allowed.

Judgment affirmed.

Appeal dismissed.