#### STATE v. BOB COUCH.

(Filed 12 April, 1944.)

Appeal and Error § 30b: Criminal law § 80—

While failure to serve “case on appeal” may nqt perforce, in and of itself, entitle appellee to a dismissal, motion to dismiss will be allowed, where the record shows on its face that an appeal would be frivolous or could only be taken for the purpose of delay.

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

Attorney-General McMullan and Assistant Attorney-General Patton for the State.

Stacy, O. J.

At tbe February Term, 1944, Yadkin Superior Court, tbe defendant herein, Bob Couch, was tried upon indictment charging bim, among other things, w-itb tbe larceny of a sewing machine, valued at $75, tbe property of tbe Board of Education of Yadkin County, wbicb resulted in a conviction of larceny and sentence of two years on tbe roads.

*233From tbe judgment tbus entered, tbe defendant gave notice of appeal to tbe Supreme Court. No extension of time for serving case, counter-cas.e or exceptions was allowed. Appeal bond was fixed at $15 and appearance bond at $2,500.

Tbe clerk certifies that no appeal bond, no order allowing tbe defendant to appeal in forma pauporis, and no case on appeal bas been filed in bis office; that tbe time for perfecting tbe appeal bas expired, and that no agreement extending tbe time for service of case on appeal, or order allowing tbe same, bas been filed. Tbe solicitor of tbe district also certifies that tbe time for service of case on appeal bas expired.

While failure to serve “case on appeal” may not perforce, in and of itself, entitle tbe appellee to a dismissal of tbe appeal, S. v. Parnell, 214 N. C., 467, 199 S. E., 601, nevertheless it appears from an inspection of tbe record proper that an appeal for errors appearing on tbe face thereof would be frivolous and could only be taken for tbe purpose of delay, On this showing, tbe motion is allowed. S. v. Morrow, 220 N. C., 441, 17 S. E. (2d), 507.

Appeal dismissed.