STATE v. SHOEMAKER

No. 7022SC384.

175 S.E.2d 781 (1970)

STATE of North Carolina v. Carl Wesley SHOEMAKER.

Court of Appeals of North Carolina.

August 5, 1970.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Staff Atty. L. Philip Covington, Raleigh, for the State.

Paul Swanson, Statesville, for defendant appellant.


MORRIS, Judge.

The order granting the extension of time to serve the case on appeal was not signed by the trial judge who signed the order which is the basis of this appeal as required by Rules 5 and 50 of the Rules of Practice in the Court of Appeals of North Carolina. The appeal is, therefore, subject to dismissal.

We have nevertheless examined defendant's assignments of error and are of the opinion that they are without merit.

Appeal dismissed....

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