No. 6915SC8.

167 S.E.2d 95 (1969)

4 N.C. App. 494

STATE of North Carolina v. James R. BYRD. STATE of North Carolina v. Kenneth Wayne PORTER.

Court of Appeals of North Carolina.

April 30, 1969.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, Asst. Atty. Gen. William W. Melvin and Staff Atty. T. Buie Costen, Raleigh, for the State.

M. Glenn Pickard, Burlington, for the defendant James R. Byrd.

Robert R. Hayes, Burlington, for the defendant Kenneth Wayne Porter.

MALLARD, Chief Judge.

The judgment and notice of appeal in these cases were entered as of 7 June 1968. The trial judge allowed each defendant fifty days in which to prepare and serve his case on appeal, and the State was given thirty days thereafter to file countercase or exceptions. No order extending the time for docketing the record on appeal was entered. The record on appeal for both defendants was docketed in this Court on 8 November 1968. This was more than...

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