No. 6914SC179.

167 S.E.2d 35 (1969)

4 N.C. App. 514

STATE of North Carolina v. Riley Lee ELLISOR.

Court of Appeals of North Carolina.

April 30, 1969.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, by Deputy Atty. Gen. Harrison Lewis and Trial Atty. I. B. Hudson, Jr., for the State.

Bryant, Lipton, Bryant & Battle by James B. Maxwell, Durham, for defendant appellant.

MORRIS, Judge.

Judgment in this action was signed and entered on 1 November 1968. The record on appeal was not docketed in this Court until 10 February 1969. "Rule 5, Rules of Practice in the Court of Appeals of North Carolina, requires that the record on appeal be docketed within ninety days after the date of the judgment unless an extension of time shall have been granted by the trial tribunal. The record before us does not contain an order extending the time within...

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