#### STATE v. JAMES W. BUCHANAN.

(Filed 8 November, 1944.)

Criminal Haw § 80—

A capital case will be docketed and dismissed for failure to perfect appeal, on motion of tbe Attorney-General, after tbe Court bas examined the recoi’d and finds no error.

MotioN by tbe State to docket and dismiss appeal under Rule 17.

Per Curiam.

On tbe motion to dismiss tbe following facts are made to appear:

Tbe defendant was tried before Bobbitt, Judge, and a jury at tbe June Term, 1944, Superior Court of Mecklenburg County, on a bill of indictment charging tbe capital felony of rape. There was a verdict of guilty of rape as charged in tbe bill of indictment-and from tbe sentence of death pronounced on tbe verdict of tbe jury tbe defendant gave notice of appeal to tbe Supreme Court. No case on appeal bas been docketed in tbis Court and no case on appeal bas been filed in tbe office of tbe clerk of tbe Superior Court of Mecklenburg County. Tbe time allowed by tbe Court, on agreement of counsel, for perfecting tbe appeal bas expired and counsel for defendant bas informed tbe clerk of tbe Superior *627Court of Mecklenburg County tbat they do not intend to perfect the same.

The defendant having failed to file proper case on appeal and his counsel having given notice that they have abandoned the appeal, the Attorney-General moves that the case be docketed here and the judgment of the Superior Court be affirmed under Eule 17. The motion must be allowed. S. v. Watson, 208 N. C., 70, 179 S. E., 455; S. v. Alexander, ante, 478; S. v. Taylor, ante, 479.

As is customary with us' on a motion to dismiss an appeal in a criminal prosecution in which the defendant has been convicted of a capital felony, we have carefully examined the record proper and find that it fails to disclose any error.

Appeal dismissed. Judgment affirmed.