STATE v. PEEDEN

No. 663.

158 S.E.2d 615 (1968)

272 N.C. 494

STATE v. Charles Dewey PEEDEN and Marshall Joseph Jarvis.

Supreme Court of North Carolina.

January 12, 1968.


Attorney(s) appearing for the Case

T. W. Bruton, Atty. Gen., Harry W. McGalliard, Deputy Atty. Gen., for the State.

Blair L. Daily, Greensboro, for defendant appellant.


HIGGINS, Justice.

The defendant's jury trial, about which he complains, was held in August, 1960. Upon failure of the defendant (represented by counsel) to perfect his appeal, Judge Gwyn, in term, and in the presence of the defendant, adjudged he had abandoned the appeal and ordered that commitment be issued to enforce the judgment. That order was not challenged until July 7, 1966 when the defendant filed the petition for post conviction review. We doubt the authority...

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