STATE v. BAULER

No. 722SC528.

190 S.E.2d 275 (1972)

15 N.C. App. 540

STATE of North Carolina v. John Steven BAULER and Daniel Robert Everett.

Court of Appeals of North Carolina.

August 2, 1972.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan and Asst. Atty. Gen. Parks H. Icenhour for the State.

Norman, Rodman, Hutchins & Romanet by R. W. Hutchins, Plymouth, for defendant appellants.


MALLARD, Chief Judge.

Defendants, who are represented by the same attorney, were sentenced on 12 January 1972. The record on appeal was not filed in this court until 18 May 1972. This was after the period of ninety days had elapsed from the date of the judgment appealed from. Rule 5 of the Rules of Practice in the Court of Appeals requires that the appeal be docketed "within ninety days after the date of the judgment. . . appealed from . . . provided, the trial tribunal...

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