Tbe defendant was convicted of rape. Sentence of death by asphyxiation was imposed. Defendant gave notice of appeal. No case on appeal has been served. Tbe time for serving case on appeal has expired and no extension of tbe time for serving such case has been granted.

Tbe Attorney-General moves to docket and dismiss tbe appeal. Tbe motion must be allowed, but, according to tbe rule of tbe Court in capital cases, we have examined tbe record to see if any error appears. No error is disclosed by tbe record. S. v. Watson, 208 N. C., 70, 179 S. E., 455.

Judgment affirmed.

Appeal dismissed.