63 N.C. 536
Supreme Court of North Carolina
Decided June 5, 1869
Supreme Court of North Carolina · decided 1869-06-05
AMENDMENT of a transcript, ordered by Henry, J., at Spring Term 1869, of the Superior Court of McDowell. The defendant had been indicted in Mitchell County for-cheating; and upon his affidavit, the case was removed at Fall Term 1866, to McDowell, for trial. At the last term the Solicitor for the State suggested a diminution of the 'record, in that tlie transcript from Mitchell did not show that, issue had been joined.
Decided 1869-06-05
¶1 The alteration made in the record by the consent of the defendant answered every purpose that could have been effected by the certiorari, and we are at a loss to see what more the Solicitor for the State expected or desired. We are not at liberty to suppose that the object was to gain a continuance.
¶2 At all events the appeal was improvidently allowed by his Honor. Let it be dismissed.
¶3 * Per Curiam. Appeal dismissed.