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STATE v. EVANS

No. 7812SC1173.

264 S.E.2d 766 (1980)

STATE of North Carolina v. Jairus Gene EVANS.

Court of Appeals of North Carolina.

April 15, 1980.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. John R. B. Mathis and Asst. Atty. Gen., Acie L. Ward, Raleigh, for the State.

Blackwell, Thompson, Swaringen, Johnson & Thompson by E. Lynn Johnson, Fayetteville, for defendant.

PARKER, Judge.

No appeal lies from an order of the trial court dismissing an appeal for failure to perfect it within apt time, the proper remedy to obtain review in such case being by petition for writ of certiorari. Lightner v. Boone, 221 N.C. 78, 19 S.E.2d 144 (1942); Chozen Confections, Inc. v. Johnson, 220 N.C. 432, 17 S.E.2d 505 (1941). Accordingly, this purported appeal is dismissed.

In order to afford defendant a review of the trial court...

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