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STATE v. McDANIEL

No. 7112SC120.

179 S.E.2d 833 (1971)

10 N.C. App. 743

STATE of North Carolina v. Judy Ann McDANIEL.

Court of Appeals of North Carolina.

March 31, 1971.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Staff Atty. Howard P. Satisky, Raleigh, for the State.

Mitchel E. Gadsden, Fayetteville, for defendant appellant.

CAMPBELL, Judge.

The judgment in this case was entered on 6 August 1970. The case on appeal was not docketed in this Court until 16 December 1970 and no order extending the time for docketing appears in the record. Rule 5 of the Rules of Practice in the Court of Appeals allows ninety days to docket the case on appeal. As this case was not docketed within the prescribed period of time, the appeal is subject to dismissal for failure to comply with the Rules.

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