{
  "id": 8548108,
  "name": "STATE OF NORTH CAROLINA v. JAMES MARION STOVALL",
  "name_abbreviation": "State v. Stovall",
  "decision_date": "1969-12-17",
  "docket_number": "No. 6930SC494",
  "first_page": "73",
  "last_page": "74",
  "citations": [
    {
      "type": "official",
      "cite": "7 N.C. App. 73"
    }
  ],
  "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": "164 S.E. 2d 546",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "3 N.C. App. 225",
      "category": "reporters:state",
      "reporter": "N.C. App.",
      "case_ids": [
        8554283
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc-app/3/0225-01"
      ]
    }
  ],
  "analysis": {
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    "char_count": 1832,
    "ocr_confidence": 0.569,
    "pagerank": {
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    "sha256": "44033e162ed5b1279385d8ed62db649ac529e2beddfdae0367ba248f23e5eea9",
    "simhash": "1:87fa6a800543e8fa",
    "word_count": 318
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  "last_updated": "2023-07-14T21:45:53.911218+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "BRItt and Vaughn, JJ., concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. JAMES MARION STOVALL"
    ],
    "opinions": [
      {
        "text": "Brocic, J.\nThe judgment appealed from was entered 31 March 1969. The record does not contain an order of the trial tribunal extending time for docketing the record on appeal in this Court. Therefore, in accordance with the rules of practice, the record on appeal should have been docketed in this Court no later than 29 June 1969. Rule 5, Rules of Practice in the Court of Appeals of North Carolina. The' record on appeal in this case was docketed in this Court on 27: August 1969, almost two months beyond the time allowed by Rule 5. For failure of defendant to comply with the rules, the appeal is subject to dismissal by this Court ex mero motu. State v. Wilson, 3 N.C. App. 225, 164 S.E. 2d 546.\nNevertheless we have reviewed the record on appeal with particular reference to defendant\u2019s assignments of error. In our opinion, defendant was given a fair trial, free from prejudicial error.\nAppeal dismissed.\nBRItt and Vaughn, JJ., concur.",
        "type": "majority",
        "author": "Brocic, J."
      }
    ],
    "attorneys": [
      "Robert Morgan, Attorney General, by R. S. Weathers, Staff Attorney, for the State.",
      "C. E. Hyde for the defendant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. JAMES MARION STOVALL\nNo. 6930SC494\n(Filed 17 December 1969)\nCriminal Law \u00a7 155.5\u2014 failure to docket record on appeal in apt time\nAppeal is dismissed by tbe Court of Appeals ex mero motu for failure to docket tbe record on appeal until two months beyond the time allowed by Court of Appeals Rule 5.\nAppeal by defendant from Martin, J., 31 March 1969 Session, CheroKEE Superior Court.\nDefendant was tried and convicted in District Court, and upon his appeal and trial de novo in the Superior Court was again convicted by a jury, upon a warrant charging his willful neglect and refusal to provide adequate support for his wife and children, while living with his said wife.\nFrom the verdict and active sentence imposed, defendant gave notice of appeal.\nRobert Morgan, Attorney General, by R. S. Weathers, Staff Attorney, for the State.\nC. E. Hyde for the defendant."
  },
  "file_name": "0073-01",
  "first_page_order": 95,
  "last_page_order": 96
}