STATE v. FUNDERBURK

No. 8126SC584.

286 S.E.2d 884 (1982)

STATE of North Carolina. v. Ulice Archie FUNDERBURK.

Court of Appeals of North Carolina.

February 16, 1982.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. W. Dale Talbert, Raleigh, for the State.

Keith M. Stroud, Charlotte, for defendant-appellee.


MORRIS, Chief Judge.

We note that the state did not file a record on appeal within the time stipulated by Rule 12(a) of the Rules of Appellate Procedure, and that it failed to ask for an extension of time to file from this Court. We will, however, suspend the requirement of Rule 12(a) and consider this appeal pursuant to our residual authority expressed in Rule 2 in order to prevent manifest injustice.

The central issue raised on appeal is whether the trial...

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