STATE v. DAVIS

No. 7726SC1052.

244 S.E.2d 480 (1978)

STATE of North Carolina v. Jake DAVIS.

Court of Appeals of North Carolina.

June 6, 1978.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten, by Associate Atty. Gen. Thomas F. Moffitt, Raleigh, for the State.

Public Defender Michael S. Scofield, by Asst. Public Defender Fritz Y. Mercer, Jr., Charlotte, for defendant appellant.


VAUGHN, Judge.

We first note that the appeal is subject to dismissal for failure to comply with the Rules of Appellate Procedure. The record on appeal was settled by stipulation on 28 September 1977. Instead of causing it to be certified by the clerk within 10 days as required by Rule 11(e), the appellant allowed the case to lie dormant until 20 December 1977, when he caused it to be certified by the clerk. We have elected, however, to afford defendant the appellate...

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