{
  "id": 8650062,
  "name": "STATE v. W. C. TOW",
  "name_abbreviation": "State v. Tow",
  "decision_date": "1889-02",
  "docket_number": "",
  "first_page": "350",
  "last_page": "352",
  "citations": [
    {
      "type": "official",
      "cite": "103 N.C. 350"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "93 N. C., 612",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        11274918
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/93/0612-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 199,
    "char_count": 2635,
    "ocr_confidence": 0.486,
    "pagerank": {
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    "sha256": "bb1675e9a27723561dcf87c83168aad3adb982c47b8cff92c349074d64cd091b",
    "simhash": "1:a60224626319f7c5",
    "word_count": 464
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  "last_updated": "2023-07-14T20:40:09.785450+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "STATE v. W. C. TOW."
    ],
    "opinions": [
      {
        "text": "Smith, C. J.\nThe charge against the defendant is for selling spirituous liquors in the county of Yancey, a territory in which a popular vote has been taken and declared to be in favor of prohibition, according to the provisions of chapter 32 of volume 2 of The Code.\nAfter conviction and judgment the defendant obtained leave of the Judge, upon his affidavit of inability, to give secui\u2019ity or make a money deposit, upon an appeal, to take the appeal in forma pauperis, and the transcript of the record has been brought to this Court.\nUpon examination, the affidavit, which is sent up, is found to be fatally defective, in failing to state \u201cthat the application is in good faith.\u201d This is essential to its sufficiency to sustain the appeal in criminal causes, under section 1235 of The Code, as determined in State v. Payne, 93 N. C., 612; State v. Jones, ibid., 617.\nThe motion of the Attorney General to dismiss the appeal must be allowed. Had the record simply stated the allowance of the appeal unaccompanied with the affidavit of the defendant and the certificate of counsel, we should have proceeded to hear, assuming that the leave granted was rightful and proper, based upon sufficient grounds, on the maxim, \u201c Omnia rite presumuntur.\u201d State v. Jones, supra.\nThe counsel for the defendant seems, in preparing the paper to enable him to prosecute his appeal without giving security, to have followed the provisions of sections 552 and 553, which relate to appeals in civil cases and do not require the averment of good faith, the omission of which is a fatal defect in the affidavit in criminal cases, not adverting -to-section 1235.\nAppeal dismissed.",
        "type": "majority",
        "author": "Smith, C. J."
      }
    ],
    "attorneys": [
      "Attorney General, for the State.",
      "No counsel for the defendant."
    ],
    "corrections": "",
    "head_matter": "STATE v. W. C. TOW.\nPractice in8uj>reme Court \u2014 Appeal In Forma Pauperis \u2014 The Code, \u00a7\u00a7 552, 553, 1235.\n1. An affidavit, upon which is founded an order allowing a convicted person to appeal, in forma pauperis, under The Code, \u00a71335, is fatally defective if it does not state that the application is in good faith. Such averment is not required in civil cases under The Code, \u00a7\u00a7 552, 558.\n2. If an order is made allowing a defendant to appeal as a pauper, and the affidavit and certificate of counsel are not in the r-ecord sent to the Supreme Court, it will be-presumed that they were in due form; hut if they are sent up, and are not in due form, the appeal will be dismissed on motion of the appellee.\nThis was a MOTION, made in this Court by the Attorney General, to dismiss an appeal in forma pauperis, granted by Clark, J., at Fall Term. 1888, of Yancky Superior ('ourt.\nThe facts are stated in the opinion.\nAttorney General, for the State.\nNo counsel for the defendant."
  },
  "file_name": "0350-01",
  "first_page_order": 374,
  "last_page_order": 376
}