{
  "id": 8555775,
  "name": "STATE OF NORTH CAROLINA v. JUDY ANN McDANIEL",
  "name_abbreviation": "State v. McDaniel",
  "decision_date": "1971-03-31",
  "docket_number": "No. 7112SC120",
  "first_page": "743",
  "last_page": "744",
  "citations": [
    {
      "type": "official",
      "cite": "10 N.C. App. 743"
    }
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  "court": {
    "name_abbreviation": "N.C. Ct. App.",
    "id": 14983,
    "name": "North Carolina Court of Appeals"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "171 S.E. 2d 440",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "year": 1970,
      "opinion_index": 0
    },
    {
      "cite": "276 N.C. 98",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8560277
      ],
      "year": 1970,
      "opinion_index": 0,
      "case_paths": [
        "/nc/276/0098-01"
      ]
    }
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    "sha256": "d23e02a1e035277b85c39dcba538c20f8b89b3b33311c086e4b9565139e5fd4c",
    "simhash": "1:13f584c5a5fbd112",
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  "last_updated": "2023-07-14T19:51:53.441044+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [
      "Judges Britt and Hedrick concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. JUDY ANN McDANIEL"
    ],
    "opinions": [
      {
        "text": "CAMPBELL, Judge.\nThe judgment in this case was entered on 6 August 1970. The case on appeal was not docketed in this Court until 16 December 1970 and no order extending the time for docketing appears in the record. Rule 5 of the Rules of Practice in the Court of Appeals allows ninety days to docket the case on appeal. As this case was not docketed within the prescribed period of time, the appeal is subject to dismissal for failure to comply with the Rules.\nWe have, nevertheless, examined each of defendant\u2019s assignments of error and find no prejudicial error. State v. Roberts, 276 N.C. 98, 171 S.E. 2d 440 (1970) covers all points raised by the defendant. Defendant has had a fair trial in all respects.\nAppeal dismissed.\nJudges Britt and Hedrick concur.",
        "type": "majority",
        "author": "CAMPBELL, Judge."
      }
    ],
    "attorneys": [
      "Attorney General Robert Morgan by Staff Attorney Howard P. Satisky for the State.",
      "Mitchel E. Gadsden for defendant appellant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. JUDY ANN McDANIEL\nNo. 7112SC120\n(Filed 31 March 1971)\nCriminal Law \u00a7 155.5\u2014 docketing of appeal\nCriminal appeal is subject to dismissal for failure of defendant to docket the case on appeal within ninety days. Court of Appeals Rule No. 5.\nAppeal by defendant from Cooper, Superior Court Judge, 6 August 1970 Term, Cumberland County Superior Court.\nDefendant was charged in a valid bill of indictment with possession of the narcotic drug heroin. Defendant, an indigent, was represented by court-appointed counsel and entered a plea of not guilty.\nEvidence for the State tended to show that Officer White of the Fayetteville Police Department observed the defendant sniffing something from a piece of paper. He approached the defendant and asked to see what she had in her hand. She refused and Officer White placed her under arrest. A few minutes later, she voluntarily opened her hand revealing something like waxed paper with a white substance contained therein. The substance was subsequently examined by the S.B.I. and determined to be heroin.\nThe jury returned a verdict of guilty as charged. From a sentence of 2 to 3 years, the defendant appeals to this Court.\nAttorney General Robert Morgan by Staff Attorney Howard P. Satisky for the State.\nMitchel E. Gadsden for defendant appellant."
  },
  "file_name": "0743-01",
  "first_page_order": 767,
  "last_page_order": 768
}