ERWIN, Judge.
Defendant was tried and convicted for the offense of murder in the second degree at the 24 April 1978 Session of the Superior Court of Hoke County. Defendant appealed as a matter of right. The appeal was dismissed as provided for by law when the defendant did not file or serve his proposed record on appeal within the time allowed.
Defendant, through counsel, applied to this Court for a writ of certiorari which we allowed on 14 December 1978....
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