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266 N.C. 117

145 S.E.2d 307

State v. Potts

Supreme Court of North Carolina

Decided December 15, 1965

Supreme Court of North Carolina · decided 1965-12-15

Relies on Linkous v. Millner · State v. Browder

Good law ✅— No negative treatment on recordhow we know

Decided 1965-12-15

How this case has been cited

Cited by 15 later decisions — most recently June 1994

15 state decisions

1201965197019801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per CuRiam.

¶1 Defendant, through his counsel, instead of preparing a case on appeal in accord with the Rules of this Court, merely brings forward the charge of the court below.

¶2 Defendant undertakes to assign as error the failure of the court below to charge the jury as to the meaning of “reasonable doubt.” Defendant made no request that the court below define the phrase “reasonable doubt.” Therefore, if we had a valid case on appeal and an exception to the charge in this respect, it would be feckless. S. v. Browder, 252 N.C. 35, 112 S.E. 2d 728.

¶3 The defendant having failed to perfect his appeal within the time required, and having failed to file a proper case on appeal within the time required, on motion of the Attorney General that the judgments of the lower court be affirmed and the appeal dismissed, as provided by Rules 5, 17 and 19, Rules of Practice in the Supreme Court, 254 N.C. 786, et seq., the judgments entered below are affirmed and the appeal is dismissed.

¶4 Appeal dismissed.

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