#### STATE v. JAMES BRUMFIELD, Alias ERNEST BRUMFIELD.

(Filed 23 April, 1930.)

Criminal Law L a — Appeal in capital cases will be dismissed for failure to prosecute according to Rules of Court, no errors appealing of record.

Whether the Supreme Court acquires jurisdiction of an appeal in forma pauperis from a conviction of a capital felony when the affidavit for leave to appeal fails to state, as required by C. S., 4651, that the “application is in good faith,” qucere? and where the appeal has not been prosecuted as required by the Rules of Court the appeal will be dismissed upon motion of the Attorney-General after an examination of the record for errors appearing upon its face.

MotioN by State to dismiss appeal.

Attorney-General Brummitt and Assistant Attorney-General Nash for the State.

Stacy, C. J.

At tbe October Criminal Term, 1929, of Union Superior Court, tbe defendant herein, James Brumfield, was tried upon an indictment charging him with a capital felony, to wit, burglary in the first degree, wbicb resulted in a conviction and sentence of death. From tbe verdict thus rendered and judgment entered thereon, tbe defendant gave notice of appeal to tbe Supreme Court, but this has not been prosecuted as required by tbe rules. Indeed, as tbe attempted appeal is in forma pauperis, and tbe affidavit for leave to appeal without giving security for costs fails to state, as required by C. S., 4651, tbat “tbe application is in good faith,” it may be doubted as to whether we have any jurisdiction to bear tbe matter. S. v. Martin, 172 N. C., 977, 90 S. E., 502. Nevertheless, as tbe life of tbe prisoner is involved, we have examined tbe case and find no error on tbe face of tbe record.

Tbe motion of tbe State must be allowed.

Appeal dismissed.