STATE v. BATTLE

No. 757SC145.

216 S.E.2d 458 (1975)

26 N.C. App. 478

STATE of North Carolina v. Robert Lee BATTLE.

Court of Appeals of North Carolina.

July 2, 1975.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Thomas B. Wood, Raleigh, for the State.

Howard A. Knox, Jr., and Robert D. Kornegay, Jr., Rocky Mount, for defendant-appellant.


MORRIS, Judge.

The judgment in this case was entered November 1974. The record on appeal was filed more than 90 days later, on 20 February 1975. No order was issued by the trial court extending the time for docketing the record on appeal. Rule 5 of the Rules of Practice in the Court of Appeals of North Carolina provides that the record must be "docketed within ninety days after the date of the judgment, order, decree, or determination appealed from." Defendant's appeal...

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