{
  "id": 8554089,
  "name": "STATE OF NORTH CAROLINA v. BRUCE YOUNGBAR",
  "name_abbreviation": "State v. Youngbar",
  "decision_date": "1977-04-06",
  "docket_number": "No. 769SC806",
  "first_page": "784",
  "last_page": "785",
  "citations": [
    {
      "type": "official",
      "cite": "32 N.C. App. 784"
    }
  ],
  "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": 164,
    "char_count": 2320,
    "ocr_confidence": 0.678,
    "sha256": "f2513c0187c32c3bd52af4bb61e000bc5d4457bf4ad4ac625910be857b3dad87",
    "simhash": "1:a89d0dbf1048892a",
    "word_count": 399
  },
  "last_updated": "2023-07-14T16:52:52.366891+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Judges Parker and Arnold concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. BRUCE YOUNGBAR"
    ],
    "opinions": [
      {
        "text": "BROCK, Chief Judge.\nThis case was called for trial on 4 May 1976 and was concluded by a guilty verdict and the entry of judgment on 5 May 1976. The record on appeal discloses that Judge McLelland signed appeal entries on 11 June 1976 and set the times from that date for the service of proposed record on appeal and the service of proposed alternative record on appeal. There is no showing of notice of appeal being given prior to 11 June 1976. This notice of appeal dated 11 June 1976 was not filed until 17 June 1976 and does not show service on the district attorney.\nThe session of court during which defendant was tried was a two-week session commencing on 26 April 1976. Defendant\u2019s case was tried during the second week of the session. The two-week session expired by limitation on 7 May 1976. Actually in this instance the session expired 7 May 1976 by adjournment. Defendant\u2019s notice of appeal was not entered until 11 June 1976, the 35th day after the last day of the session at which judgment was rendered.\nGeneral Statute 15-180.3 (2) provides that notice of appeal in criminal actions may be given by \u201c[f]iling notice of appeal with the clerk of superior court and serving copies thereof upon all adverse parties within 10 days after the last day of the session at which [judgment is] rendered.\u201d The right of appeal is statutory, and the time limitation of the statute is jurisdictional. This purported appeal must be dismissed for lack of jurisdiction.\nAppeal dismissed.\nJudges Parker and Arnold concur.",
        "type": "majority",
        "author": "BROCK, Chief Judge."
      }
    ],
    "attorneys": [
      "Attorney General Edmisten, by Associate Attorney Sandra M. King, for the State.",
      "Thomas F. East for the defendant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. BRUCE YOUNGBAR\nNo. 769SC806\n(Filed 6 April 1977)\nCriminal Law \u00a7 151\u2014 appeal \u2014 time for making entry\nDefendant\u2019s notice of appeal which was not entered until the 35th day after the last day of the session at which judgment was rendered was not timely, and the purported appeal is dismissed. G.S. 15-180.3(2).\nPurported appeal by defendant from McLelland, Judge. Judgment entered 5 May 1976 in Superior Court, Franklin County. Heard in the Court of Appeals 15 March 1977.\nDefendant was tried and convicted of (1) felonious breaking and entering and (2) felonious larceny. The two charges were consolidated for a judgment of imprisonment for a term of five years.\nAttorney General Edmisten, by Associate Attorney Sandra M. King, for the State.\nThomas F. East for the defendant."
  },
  "file_name": "0784-01",
  "first_page_order": 812,
  "last_page_order": 813
}