
    STATE v. EARL O’DEAR and ROBERT MESSER.
    (Filed 17 September, 1947.)
    Ci'iminal Law § 80b (4) —
    Where defendant gives notice of appeal but fails to make out or serve case on appeal within the time allowed or take any action, toward perfecting the appeal, the motion of the Attorney-General to docket and dismiss will be allowed, but where defendant has been convicted of a capital felony this will be done only after an inspection of the record fails to disclose error.
    MotioN by State to docket case, affirm tbe judgment and dismiss tbe appeal.
    
      Attorney-General McMullan and Assistant Attorney-General Moody for the State.
    
   Per, Curiam.

Tbe defendants were tried at May Term, 1947, of Jackson Superior Court on two bills of indictment charging them with tbe murder of Jack Hall and Margie Maples Hall. It was alleged tbat tbe defendants were at tbe time engaged in tbe perpetration of a robbery. Botb defendants were convicted of murder in tbe first degree, and judgment was entered by Bobbitt, Judge Presiding, sentencing tbem to death as tbe law directs. From this judgment tbe defendants gave notice of appeal to tbe Supreme Court, but no ease on appeal has been made out or served within tbe time allowed by law, nor docketed in this Court. Nothing has been done towards perfecting tbe appeal, and tbe time therefor has expired. Counsel who appeared for tbe defendants below have notified tbe Solicitor for tbe State tbat they can find no reversible error in tbe trial, either in tbe evidence or tbe charge of tbe court, and authorize withdrawal of appeal.

Tbe motion of tbe Attorney-General to docket and dismiss tbe appeal under Rule 17 is supported by tbe record and is allowed. We have examined tbe record and find tbat no error appears on tbe face of tbe record. S. v. Watson, 208 N. C., 70, 179 S. E., 455; S. v. McLeod, ante, 411, 42 S. E. (2d), 464. Tbe evidence shown by tbe record sent up was sufficient to support tbe verdict and judgment.

Judgment affirmed; appeal dismissed.  