#### STATE v. JAMES RHODES.

Practicó — Pauper’s Appeal — Insufficiency of Affidavit.

An affidavit to obtain an appeal in forma paupertu, which lacks the statutory requirement of an averment of good faith, is insufficient and unavailing.

IndiotmeNT against the defendant, James Rhodes, for burning certain barns, the property of Mrs. Mary H. King, tried before Shuford, J., and a jury, at January Term, 1898, of FrankxiN Superior Court.

Tliere was a verdict of guilty, and from the judgment thereon defendant was allowed to appeal in forma pauperis, hut in the affidavit omitted to aver that the application was made in good faith.

The Attorney General, for the State.

Mr. W. M. Person, for defendant (appellant).

Per Curiam:

The right to appeal in forma pauperis requires some restrictions against abuse. What thej” shall be is for the Legislature to determine ; it has set out the requirements in The Code, §1235. The Court has no right to abrogate any of these requisites. This has been often *857decided. State v. Jackson, at this Term; State v. Wylde, 110 N. C., 500; State v. Tow, 103 N. C, 350; State v. Jones, 93 N. C., 617; and, indeed, in a full score of cases.

The present case presents an affidavit which lacks the statutory requirement of an averment “of good faith.” The appellant has not done what was requisite to place his appeal before us. We cannot help him, and the attempted appeal must be dismissed.

Appeal Dismissed.