Opinion
Filed 3 November, 1954.
Appeal and Error 16: Criminal Law 74 — Where judgment is entered in an action tried at a term prior to the convening of the Supreme Court, the appeal must be taken to that term of the Supreme Court.
APPEAL by defendant from Rousseau, J., January Term 1954, MONTGOMERY.
Attorney-General McMullan and Assistant Attorney-General Bruton for the State.
McLean Stacy for the defendant.
Criminal prosecution upon a bill of indictment in which it is charged that the defendant did unlawfully possess, possess for the purpose of sale, and transport certain intoxicating liquors.
The jury returned a verdict of guilty on all three counts "as charged in the bill of indictment." The court pronounced judgment on the verdict and defendant appealed.
This criminal action was tried at the January 1954 Term of Montgomery County Superior Court prior to the convening of the 1954 Spring Term of this Court. It was the duty of the defendant to docket his appeal at that term. This he failed to do, and there was no petition for certiorari. Docketing for hearing at this term comes too late. Hence the appeal must be dismissed on authority of Jones v. Jones, 232 N.C. 518, 61 S.E.2d 335, and cases therein cited.
Since the exceptive assignments of error relied on by defendant are not of sufficient merit to require a new trial, the result in effect is the same.
Appeal dismissed.