State v. Bramble

Decided September 15, 1897

Supreme Court of North Carolina · decided 1897-09-15

The defendant was convicted on a criminal charge at September Term of Cumberland Circuit Criminal Court, before Sutton, J., and a jury and appealed in forma pauperis. In this C!ourt the Attorney General moved to dismiss appeal for defective affidavit.

Cited by 2 later decisions — most recently October 1909

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1897-09-15

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Per Curiam:

¶1The affidavit to appeal in forma pauperis is fatally defective, as it omits the averment that - it is “made in good faith,” which is required by The Code, Section 1235. The appeal must ho dismissed as a matter of right, not of discretion. State v. Harris, 114 N. C., 830; State v. Rhodes, 112 N. C., 856; State v. Jackson, Ibid, 849; State v. Shoulders, 111 N. C., 637; State v. Wylde, 110 N. C, 500; State v. Tow, 103 N. C., 350; State v. Moore, 93 N. C., 500; State v. Payne, Ibid, 612; State v. Jones, Ibid, 617; State v. Morgan, 77 N. C., 510; State v. Divine, 69 N. C., 390.

¶2Appeal dismissed.