{
  "id": 8655870,
  "name": "STATE v. CHARLIE PARISH",
  "name_abbreviation": "State v. Parish",
  "decision_date": "1909-10-13",
  "docket_number": "",
  "first_page": "659",
  "last_page": "660",
  "citations": [
    {
      "type": "official",
      "cite": "151 N.C. 659"
    }
  ],
  "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": "125 N. C., 695",
      "category": "reporters:state",
      "reporter": "N.C.",
      "opinion_index": 0
    },
    {
      "cite": "121 N. C., 603",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8653658
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/121/0603-01"
      ]
    }
  ],
  "analysis": {
    "cardinality": 159,
    "char_count": 2084,
    "ocr_confidence": 0.451,
    "pagerank": {
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    "sha256": "7036f08cbb7ac04a46a18c6cd95984d15b7b041ce58778b89c1d7e66984e73ea",
    "simhash": "1:120dad06ddabf557",
    "word_count": 371
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  "last_updated": "2023-07-14T21:30:26.349792+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "STATE v. CHARLIE PARISH."
    ],
    "opinions": [
      {
        "text": "Pee Curiam :\nThe defendant attempted to appeal in forma pauperis. The affidavits were such as required by the statute (Revisal, sec. 3278), but the order allowing the appeal without giving bond was not signed by the judge, as required by Revisal, sec. 3279, but by the clerk. This latter is allowable only as to appeals in civil cases. Revisal, sec. 597.\nUnless the requirements of the statute, both as to time and manner, are complied with, the appeal is not in this Court. The defect is jurisdictional, and we have no power to allow amendments, and the appellee has a right to have the appeal dismissed. State v. Bramble, 121 N. C., 603; State v. Galewood, 125 N. C., 695, and numerous cases there cited.\nThe defendant, however, when the case was called, asked to be considered as ajjpealing under bond, and to make the deposit now, in lieu of bond, in this Court, as allowed by Revisal, sec. 593, if \u201cgood cause is shown.\u201d We think such cause has been shown, and, the deposit in lieu of bond having been made, the case will be heard. 'As, under the circumstances, the record and brief have not been printed, the cause will be set for hearing at the close of the call of causes from the Eighth District, that the printing may be done, as required in all except pauper appeals.\nMotion allowed.",
        "type": "majority",
        "author": "Pee Curiam :"
      }
    ],
    "attorneys": [
      "Attomeyr General for the State.",
      "J. L. Barham for defendant."
    ],
    "corrections": "",
    "head_matter": "STATE v. CHARLIE PARISH.\n(Filed 13 October, 1909.)\n1. Appeal and Error \u2014 Forma Pauperis \u2014 Criminal Cases \u2014 Order Signed by Clerk.\nWhen the order allowing an appeal in forma pmiperis in criminal cases is not signed by the judge as required by Revisal, sec. 3279, but by the clerk, the defect is jurisdictional, without power of the appellate court to allow amendment, and the appeal will be dismissed.\n2. Same \u2014 Good Cause Shown \u2014 Deposit.\nBut in this case the appellant asked to be allowed to make deposit in lieu of bond, and \u201cgood cause being shown,\u201d Revisal, 593, the case was s\u00e9t for argument at. a later date so that the necessary printing may be done.\nAppeal by defendant from W. B. Allen, J., August Term, 1909, of WaTNE.\nAttomeyr General for the State.\nJ. L. Barham for defendant."
  },
  "file_name": "0659-01",
  "first_page_order": 703,
  "last_page_order": 704
}