{
  "id": 8552409,
  "name": "STATE OF NORTH CAROLINA v. TIMOTHY NORTON, KEITH WARD and FRED PARRIS",
  "name_abbreviation": "State v. Norton",
  "decision_date": "1975-10-15",
  "docket_number": "No. 7525SC339",
  "first_page": "248",
  "last_page": "249",
  "citations": [
    {
      "type": "official",
      "cite": "27 N.C. App. 248"
    }
  ],
  "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": [],
  "analysis": {
    "cardinality": 193,
    "char_count": 2720,
    "ocr_confidence": 0.588,
    "sha256": "9a23c54d693e4025f1d06093af805b01e9404d74ef26be5d9254b9e08c997a3a",
    "simhash": "1:de81f3c5761fd5fd",
    "word_count": 437
  },
  "last_updated": "2023-07-14T22:44:36.927205+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Judges Mor\u00e9is and Clark concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. TIMOTHY NORTON, KEITH WARD and FRED PARRIS"
    ],
    "opinions": [
      {
        "text": "VAUGHN, Judge.\nEach defendant, among other things, argues that his case should have also been submitted to the jury on the question of whether he was serving a sentence imposed for a misdemeanor. The bills of indictment allege that each defendant attempted to escape while serving a sentence imposed- for a felony. The District Attorney elected to consent and stipulate to the docketing of a record on appeal in this Court that does not contain the judgments and commitments which he introduced as evidence and relied on to prove one of the essential elements of the crimes with which defendants were charged, that defendants were serving sentences imposed for felonies. There is reference in the testimony to judgments and commitments introduced into evidence against each defendant but no testimony indicating what they were for. On oral argument of these cases appellants\u2019 attorneys were unable to stipulate as to the contents of the judgments and commitments introduced into evidence.\nIt is the duty of the appellants to bring forward a record that will enable this Court to decide the questions raised on appeal. For failure to do so, the appeals are dismissed. Nevertheless, we have examined so much of the trial record as is before us and, in it, find no prejudicial error.\nAppeal dismissed.\nJudges Mor\u00e9is and Clark concur.",
        "type": "majority",
        "author": "VAUGHN, Judge."
      }
    ],
    "attorneys": [
      "Attorney General Edmisten, by Assistant Attorney General W. Woodward Webb and Associate Attorney Isaac T. Avery III, for the State.",
      "Byrd, Byrd, Ervin & Blanton, P.A., by Joe K. Byrd, Jr., for defendant appellants Timothy Norton and Keith Ward; J. Bruce McKinney, for defendant appellant Fred Pa/rris."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. TIMOTHY NORTON, KEITH WARD and FRED PARRIS\nNo. 7525SC339\n(Filed 15 October 1975)\nCriminal Law \u00a7 158\u2014 record on appeal \u2014 insufficiency \u2014 dismissal of appeal\nAppeal is dismissed for failure of appellants to bring forward a record that will enable the appellate court to decide the question raised on appeal where appellants who were convicted of felonious escape contended that their cases should have been submitted to the jury on the question of whether they were serving misdemeanor sentences at the time of their escape, but the record -on appeal does not contain the judgments and commitments introduced in evidence \u2022 and relied on to prove that defendants were serving sentences for felonies or any testimony showing that the sentences were for felonies.\nAppeal by defendants from Ferrell, Judge. Judgment entered 6 February 1975 in Superior Court, Burke County. Heard in the Court of Appeals 26 August 1975.\nEach defendant was convicted of feloniously attempting to escape from the State prison system and judgments imposing prison sentences were entered.\nAttorney General Edmisten, by Assistant Attorney General W. Woodward Webb and Associate Attorney Isaac T. Avery III, for the State.\nByrd, Byrd, Ervin & Blanton, P.A., by Joe K. Byrd, Jr., for defendant appellants Timothy Norton and Keith Ward; J. Bruce McKinney, for defendant appellant Fred Pa/rris."
  },
  "file_name": "0248-01",
  "first_page_order": 276,
  "last_page_order": 277
}