#### STATE v. SAM JONES.

(Filed 20 September, 1944.)

Criminal Uaw § 80—

A capital case will be docketed and dismissed for failure to perfect , appeal, on motion of Attorney-General, after tbe court bas examined tbe record proper for errors on its face.

HefbndaNt gave notice of appeal from Bone, J., at June Term, 1944, of Halifax.

Motion by State to docket and dismiss defendant’s appeal.

PeR CueiaM.

Tbe defendant was convicted of murder in tbe first degree. Sentence of death by asphyxiation was imposed. Defendant gave notice of appeal to tbe Supreme Court, but no case on appeal was served within tbe time agreed upon in tbe court below, and no steps have been taken to perfect tbe appeal.

Tbe Attorney-General moves to docket and dismiss tbe appeal. This motion must be allowed, but, according to tbe rule of tbe Court in capital cases, we have examined tbe record to see if any error appears. We find no error in tbe record. Appeal dismissed.

Judgment affirmed.