STATE v. HAWLEY

No. 749SC574.

208 S.E.2d 383 (1974)

23 N.C. App. 223

STATE of North Carolina v. Franklin HAWLEY.

Court of Appeals of North Carolina.

October 2, 1974.


Attorney(s) appearing for the Case

Atty. Gen. James H. Carson, Jr., by Asst. Atty. Gen. Raymond W. Dew, Jr., and Associate Atty. Gen. John R. Morgan, Raleigh, for the State.

James W. Smith, Smith & Banks, Henderson, for defendant appellant.


MARTIN, Judge.

There is nothing in the record to disclose how the superior court obtained jurisdiction of this case. "The Court of Appeals will take notice ex mero motu of the failure of the record to show jurisdiction in the court entering the judgment appealed from." State v. Byrd, 4 N.C. App. 672, 673, 167 S.E.2d 522, 523 (1969). It is the duty of the defendant appellant to see that...

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