#### STATE v. RAY DRY.

(Filed 12 April, 1944.)

Criminal Daw § 77a—

On appeal in a criminal case the indictment or warrant is a- necessary-part of the case on appeal and in its absence the appeal will be dismissed.

Appeal by defendant from Armstrong, J., at January Term, 1944, of CABARRUS.

Defendant entered a plea of guilty on 8 February, 1943, to charges contained in four separate warrants, in the recorder’s court of Cabarrus County. Prison sentence was entered, in each case and suspended upon certain conditions. The recorder of said court, on 6 December, 1943, found as a fact that the defendant had willfully violated the terms and conditions of the suspended sentence in one of the above cases, and ordered capias to issue. Defendant appealed to the Superior Court and the judgment of the recorder’s court was affirmed. Whereupon, the defendant appealed to the Supreme Court and assigns error.'

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

B. T. Bost, Jr., and B. W. Blachwelder for defendant.

*235PeR Ctteiam.

The record proper filed in tbis Court is fatally defective for the reason that no warrant appears therein.

The appeal is dismissed on the authority of S. v. Currie, 206 N. C., 598, 174 S. E., 447, and Pruitt v. Wood, 199 N. C., 788, 156 S. E., 126.

Appeal dismissed.