{
  "id": 8551750,
  "name": "STATE OF NORTH CAROLINA v. JAMES WILSON CARROLL",
  "name_abbreviation": "State v. Carroll",
  "decision_date": "1970-05-27",
  "docket_number": "No. 7010SC249",
  "first_page": "336",
  "last_page": "337",
  "citations": [
    {
      "type": "official",
      "cite": "8 N.C. App. 336"
    }
  ],
  "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": {
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  "last_updated": "2023-07-14T18:36:14.673474+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "PaRicer and Vaughn, JJ., concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. JAMES WILSON CARROLL"
    ],
    "opinions": [
      {
        "text": "Campbell, J.\nAppeal dismissed for failure to comply with the North Carolina Statutes and the Rules of Practice in the Court of Appeals of North Carolina.\nPaRicer and Vaughn, JJ., concur.",
        "type": "majority",
        "author": "Campbell, J."
      }
    ],
    "attorneys": [
      "Attorney General Robert Morgan, Assistant Attorney General William W. Melvin, Staff Attorney T. Buie Costen for the State.",
      "William T. McCuiston for defendant appellant."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. JAMES WILSON CARROLL\nNo. 7010SC249\n(Filed 27 May 1970)\nCriminal Law \u00a7\u00a7 151, 155.5\u2014 failure to comply with statutes and court rules \u2014 dismissal of appeal\nAppeal is dismissed for failure to comply with the North Carolina Statutes and the Rules of Practice in the Court of Appeals where the record does not show any notice of appeal given in open court or within 10 days from the rendition of the judgment, and the record on appeal was filed after the time for perfecting the appeal had expired and after the Court of Appeals had denied defendant\u2019s petition for a writ of certiorari.\nPURPORTED appeal from Godwin, S.J., 13 October 1969 Criminal Session, Waice Superior Court.\nThe record in this case discloses that the defendant was charged in a warrant with driving a motor vehicle on the public highways while under the influence of an intoxicating liquor and with a second charge of illegal transportation of tax-paid whiskey. The defendant, through his personally-employed attorney, tendered a plea of guilty to each offense.\n\u201cThe Superior Court Judge adjudged that the two charges be consolidated for judgment and that the defendant be imprisoned for a term of 90 days in the Wake County jail. The execution of the sentence was suspended upon compliance of the following condition, to wit, that the defendant pay a fine of $200 and the costs.\nThe defendant complied with the judgment of the Superior Court by paying the fine and costs on October 14, 1969. The defendant also surrendered his driver\u2019s license to the Clerk of the Superior Court on October 14, 1969.\u201d\nThe record does not show any notice of appeal given either in open court or within 10 days from the rendition of the judgment.\nOn 14 January 1970, the time for perfecting an appeal having expired, the defendant filed a petition for a writ of certiorari to review the judgment of Superior Court. This petition was denied by this Court in conference on 4 February 1970. The defendant, nevertheless, caused statement of case on appeal to be served upon the Solicitor of Wake County on 27 February 1970, and filed the case on appeal in this court on 5 March 1970.\nAttorney General Robert Morgan, Assistant Attorney General William W. Melvin, Staff Attorney T. Buie Costen for the State.\nWilliam T. McCuiston for defendant appellant."
  },
  "file_name": "0336-01",
  "first_page_order": 360,
  "last_page_order": 361
}