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N.C.App.1 SPRING SESSION 1973 93
Slate v. Ingram
judgment entered thereon imposing an active sentence of five
years, defendant appealed.
Attorney General Morgan, by Assistant Attorneys General
Ricks and Hensey, for the State.
G. Ray Motsinger for defendant appellant.
MORRIS, Judge.
[I] The judgment appealed from was dated 12 January 1973.
The record on appeal was not docketed until 20 April 1973,
which is more than 90 days after the date of the judgment
appealed from. No order extending the time for docketing the
record on appeal appears in the record. For failure of appellant
to docket the record on appeal within the time permitted by the
rules of this Court, this appeal is subject to dismissal. Rule 5,
Rules of Practice in the Court of Appeals. State v. Isley, 8 N.C
App. 599, 174 S.E. 2d 623 (1970), cert. denied, 217 N.C. 115
(1970).
[2] Nevertheless, we have examined and rejected defendant's
contention that the trial court erred in denying his motion to
suppress the heroin from evidence on grounds that it was ob-tained
as a result of an illegal search and seizure in that the
officers had no lawful basis for coming to defendant's house
initially.
Prior to the presentation of any evidence at trial a voir
dire was held and the State presented evidence which tended
to show that earlier on the night in question, Leroy Carlton
informed the officers that a woman fitting the description of
Dianne Jones had taken over $800 from his pocket while he
was at a house on the north side of Winston-Salem. Carlton told
the officers that the woman had told him that she was from
Greensboro. The officers contacted a reliable informant who
reported that a woman fitting Dianne Jones' description was
staying with defendant Ingram at his home on the 1100 block
of Rich Avenue and that the officers had better hurry because
she was getting ready to leave for Greensboro. Clearly the
officers had a reasonable ground to believe that Dianne Jones
had committed a felony and would evade arrest if not immedi-ately
taken into custody. G.S. 15-41 (2). Similarly, the officers
were justified in placing defendant Ingram under arrest for the
commission of a felony in their presence, G.S. 15-41 (I), (pos-
Object Description
| Title | North Carolina Court of Appeals Reports [v.019, Spring Session 1973 - Fall Session Session 1973] |
| Creator | North Carolina. Court of Appeals. |
| Date | 1974 |
| Subjects | Law reports, digests, etc.--North Carolina; Court records--North Carolina |
| Place | North Carolina, United States |
| Description | Volume 19, Spring Session 1973 - Fall Session Session 1973. Cited as 19 N.C.App. The North Carolina Court of Appeals Reports are the official report of opinions of the North Carolina Court of Appeals. Includes cases and other information about the courts of North Carolina. |
| Publisher | Court of Appeals of North Carolina |
| Agency-Current | North Carolina Court of Appeals, Judicial Department |
| Rights | State Document see http://digital.ncdcr.gov/u?/p249901coll22,63754 |
| Collection | North Carolina State Documents Collection. State Library of North Carolina |
| Type | Text |
| Language | English |
| Format | Reports; Legal documents |
| Digital Characteristics-A | 37.5 MB; 848 p. |
| Serial Title | North Carolina Court of Appeals Reports |
| Digital Collection | North Carolina Digital State Documents Collection |
| Digital Format | application/pdf |
| Pres File Name-M | pubs_serial_courtofappealsreports_vol_019.pdf |
| Pres Local File Path-M | \Preservation_content\StatePubs\pubs_law\images_master\ |
| OCLC Number-Original | 1681248 |
Description
| Title | Page 117 |
| Full Text | N.C.App.1 SPRING SESSION 1973 93 Slate v. Ingram judgment entered thereon imposing an active sentence of five years, defendant appealed. Attorney General Morgan, by Assistant Attorneys General Ricks and Hensey, for the State. G. Ray Motsinger for defendant appellant. MORRIS, Judge. [I] The judgment appealed from was dated 12 January 1973. The record on appeal was not docketed until 20 April 1973, which is more than 90 days after the date of the judgment appealed from. No order extending the time for docketing the record on appeal appears in the record. For failure of appellant to docket the record on appeal within the time permitted by the rules of this Court, this appeal is subject to dismissal. Rule 5, Rules of Practice in the Court of Appeals. State v. Isley, 8 N.C App. 599, 174 S.E. 2d 623 (1970), cert. denied, 217 N.C. 115 (1970). [2] Nevertheless, we have examined and rejected defendant's contention that the trial court erred in denying his motion to suppress the heroin from evidence on grounds that it was ob-tained as a result of an illegal search and seizure in that the officers had no lawful basis for coming to defendant's house initially. Prior to the presentation of any evidence at trial a voir dire was held and the State presented evidence which tended to show that earlier on the night in question, Leroy Carlton informed the officers that a woman fitting the description of Dianne Jones had taken over $800 from his pocket while he was at a house on the north side of Winston-Salem. Carlton told the officers that the woman had told him that she was from Greensboro. The officers contacted a reliable informant who reported that a woman fitting Dianne Jones' description was staying with defendant Ingram at his home on the 1100 block of Rich Avenue and that the officers had better hurry because she was getting ready to leave for Greensboro. Clearly the officers had a reasonable ground to believe that Dianne Jones had committed a felony and would evade arrest if not immedi-ately taken into custody. G.S. 15-41 (2). Similarly, the officers were justified in placing defendant Ingram under arrest for the commission of a felony in their presence, G.S. 15-41 (I), (pos- |
