{ "id": 8626274, "name": "STATE v. JAMES McNEILL", "name_abbreviation": "State v. McNeill", "decision_date": "1937-02-24", "docket_number": "", "first_page": "286", "last_page": "287", "citations": [ { "type": "official", "cite": "211 N.C. 286" } ], "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": "209 N. C., 293", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 2221541 ], "opinion_index": 0, "case_paths": [ "/nc/209/0293-01" ] }, { "cite": "209 N. C., 99", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 2221570 ], "opinion_index": 0, "case_paths": [ "/nc/209/0099-01" ] }, { "cite": "208 N. C., 352", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8606693 ], "opinion_index": 0, "case_paths": [ "/nc/208/0352-01" ] }, { "cite": "210 N. C., 741", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8628915 ], "opinion_index": 0, "case_paths": [ "/nc/210/0741-01" ] }, { "cite": "210 N. C., 459", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 8627011 ], "opinion_index": 0, "case_paths": [ "/nc/210/0459-01" ] } ], "analysis": { "cardinality": 224, "char_count": 3450, "ocr_confidence": 0.496, "pagerank": { "raw": 6.087085966315723e-08, "percentile": 0.37940802726336553 }, "sha256": "f73a527c40fec162866b3efca0a52dad767fe05936869818d27247b21d59c366", "simhash": "1:aaf74b2ebfafa54f", "word_count": 615 }, "last_updated": "2023-07-14T22:38:14.990140+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "DeviN, J., took no part in the consideration or decision of this case." ], "parties": [ "STATE v. JAMES McNEILL." ], "opinions": [ { "text": "Clarkson, J.\nThis was a motion made by the Attorney-General and Assistant Attorney-General to docket and dismiss the appeal made by defendant on the ground that \u201cthe defendant has failed to serve any case on appeal within the time provided by law, and has failed to perfect the said appeal in the manner required by law.\u201d S. v. Moore, 210 N. C., 459, and S. c., 686.\nIn S. v. Laurence, 210 N. C., 741 (741-2), is the following: \u201cThe prisoner, having failed to make out and serve statement of case on appeal, has lost his right to prosecute his appeal, and the motion of the State to docket and dismiss must be allowed. However, this being a case in which the life of the prisoner is involved, we have examined the record to see if any error appears on the face of the record. The examination reveals no error. S. v. Williams, 208 N. C., 352; S. v. Kinyon, ante, 294.\u201d\nThe defendant was convicted of murder in the first degree and the judgment of the court below, in part, was as follows: \u201cIt is therefore ordered and adjudged that the said prisoner, James McNeill, suffer for his crime the penalty of death as provided by law, and to that end \u2014 it is further ordered and adjudged that the sheriff of Harnett County, in whose custody the prisoner now is, forthwith convey to the State\u2019s Prison at Raleigh said prisoner, James McNeill, and deliver him to the warden of the said State\u2019s Prison, and said James McNeill shall there be safely held until 25 October, 1935, when and where, between the hours of 6 a.m. and 5:00 p.m., he, the said James McNeill, shall suffer death by the administration of lethal gas, in the manner now provided by statute, until said prisoner, James McNeill, is dead.\u201d\nNo error appears on the record except in the judgment. In the record it appears that the defendant killed and murdered Sudie Eason on 12 June, A.D. 1935. The statute that death by administration of lethal gas went into effect \u201cfrom and after 1 July, 1935.\u201d Public Laws 1935, ch. 294. The case is remanded to the lower court in order that proper judgment may be imposed. S. v. Hester, 209 N. C., 99. S. v. Dingle, 209 N. C., 293, is on \u201call fours\u201d with the present case.\nFor the reasons given, the case is\nRemanded.\nDeviN, J., took no part in the consideration or decision of this case.", "type": "majority", "author": "Clarkson, J." } ], "attorneys": [ "Attorney-General Seawell and Assistant Attorney-General MoMullan for the State.", "No counsel for defendant." ], "corrections": "", "head_matter": "STATE v. JAMES McNEILL.\n(Filed 24 February, 1937.)\n1. Criminal Law \u00a7\u00a7 80, 83\u2014\n\u25a0Where defendant, convicted of a capital crime, fails to make out and serve his statement of case on appeal, the appeal will be dismissed on motion of the Attorney-General in the absence of error on the face of the record, but where the record discloses only error in the judgment, the case will be remanded for proper judgment.\n2. Criminal Law \u00a7 61\u2014\nThe punishment for a capital crime committed prior to 1 July, 1935, is death by electrocution, the statute substituting lethal gas being applicable only to crimes committed on and subsequent to that date. Ch. 294. Public Laws of 1935.\nDevin, J., took no part in the consideration or decision of this case.\nAppeal by defendant from Devin, J., at First September Term, 1935, of Harnett.\nRemanded.\nThe defendant was tried on a bill of indictment for murder. There was a verdict against defendant of murder in the first degree and the judgment in the court below was that defendant should suffer death by the administration of lethal gas.\nAttorney-General Seawell and Assistant Attorney-General MoMullan for the State.\nNo counsel for defendant." }, "file_name": "0286-01", "first_page_order": 352, "last_page_order": 353 }