State v. Baldwin
State v. Empie Baldwin
Opinion of the Court
Stacy, C. J.
At tbe January Term, 1938, Columbus Superior Court, tbe defendant Empie Baldwin, alias Eppie Baldwin, was tried upon an indictment charging bim witb rape, wbicb resulted in conviction of the capital felony and sentence of death. From this judgment, tbe defendant gave notice of appeal and was allowed tbe statutory time to serve statement of case, wbicb time has expired, and tbe clerk certifies “that nothing has been done towards perfecting tbe appeal, and tbe time for statement of case has expired.”
S. v. Watson, 208 N. C., 70 , 179 S. E., 455 . Accordingly, tbe Attorney-General has moved to docket and dismiss tbe appeal under Rule 17, as tbe case was due to be beard on Tuesday, 3 May, 1938, at tbe call of tbe docket from tbe Eighth District, tbe district to which tbe appeal belongs.
S. v. Moore, 210 N. C., 459 , 187 S. E., 586 . Nothing appears on tbe face of tbe record to defeat tbe motion, hence it must be regarded as well taken and allowed.
S. v. Robinson, 212 N. C., 536 .
Judgment affirmed. Appeal dismissed.
Seawell, J., took no part in tbe consideration or decision of this case.
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