State v. . Cannon

Supreme Court of North Carolina
State v. . Cannon, 42 S.E.2d 343 (N.C. 1947)
227 N.C. 336; 1947 N.C. LEXIS 422
Stacy

State v. . Cannon

Opinion of the Court

Stacy, C. J.

It is conceded that the defendant’s right of appeal, G. S., 15-180, and his right to have the case made up, or a postea properly prepared, G. S., 1-282, 1-283, are not to be abridged, except through his own fault or laches. S. v. Moore, 210 N. C., 686, 188 S. E., 421. Here, however, the Attorney-General is asking that the exceptions and objections filed by the solicitor (and later abandoned by him) be withdrawn and thus leave the defendant’s statement as the case on appeal. This accords with the decisions on the subject. Drake v. Connelly, 107 N. C., 463, 12 S. E., 251; Parker v. Coggins, 116 N. C., 71, 20 S. E., 962; Ridley v. R. R., 116 N. C., 923, 20 S. E., 962. Cf. Metcalfe v. Chambers, 188 N. C., 805, 125 S. E., 630. “We do not see how the appellant can object to the statement made out by himself.” Drake v. Connelly, supra.

Motion of defendant, Denied.

Motion of Attorney-General, Allowed.

Reference

Full Case Name
State v. J. N. Cannon.
Cited By
3 cases
Status
Published