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STATE v. LYNN

No. 726.

111 S.E.2d 866 (1960)

251 N.C. 703

STATE v. Lewis LYNN, Jr.

Supreme Court of North Carolina.

January 14, 1960.

Attorney(s) appearing for the Case

Malcolm B. Seawell, Atty. Gen., and Harry W. McGalliard, Asst. Atty. Gen., for the State.

Walter D. Barrett, Graham, for defendant, appellant.

PER CURIAM.

"* * * the filing by the defendant appellant of his brief too late works an abandonment of the assignments of errors, except those appearing on the face of the record, which are cognizable ex mero motu." State v. Evans, 237 N.C. 761, 75 S.E.2d 919, 921, and cases cited; Strong, North Carolina Index, Vol. 1, Criminal Law, § 159, and cases cited.

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