STATE v. CHARLES BRAMBLE.
Practice — Appeal in Forma Pauperis- — Affidavit.
The omission, in an affidavit to appeal in forma pauperis, of the averment that it is made in good faith, is a fatal defect and for such defect the appeal will be dismissed as a matter of right and not of discretion.
The defendant was convicted on a criminal charge at September Term of Cumberland Circuit Criminal Court, before Sutton, J., and a jury and appealed in forma pauperis. In this C!ourt the Attorney General moved to dismiss appeal for defective affidavit.
Mr. Zeb V. Walser, Attorney General, for the State.
Messrs. H. L. Cook and II. McD. Robinson, for defendant (appellant).
Per Curiam:
The affidavit to appeal in forma pauperis is fatally defective, as it omits the averment that - it is “made in good faith,” which is required by The Code, Section 1235. The appeal must ho dismissed as a matter of right, not of discretion. State v. Harris, 114 N. C., 830; State v. Rhodes, 112 N. C., 856; State v. Jackson, Ibid, 849; State v. Shoulders, 111 N. C., 637; State v. Wylde, 110 N. C, 500; State v. Tow, 103 N. C., 350; State v. Moore, 93 N. C., 500; State v. Payne, Ibid, 612; State v. Jones, Ibid, 617; State v. Morgan, 77 N. C., 510; State v. Divine, 69 N. C., 390.
Appeal dismissed.