NORTH CAROLINA GENERAL ASSEMBLY

1967 SESSION

 

 

CHAPTER 601

SENATE BILL 116

 

 

AN ACT TO AMEND G.S. 7A-288 AND G.S. 7A-304(b) WITH RESPECT TO CERTAIN CRIMINAL APPEALS.

 

The General Assembly of North Carolina do enact:

 

Section 1.  G.S. 7A-288 is amended, in line five, before the word "Appeal", by inserting the following sentence: "An appeal may be withdrawn within 20 days after notice of appeal is given, or 10 days before the next criminal session of Superior Court convenes, whichever is later."

Sec. 2.  G.S. 7A-304(b) is rewritten to read as follows: "(b) On appeal, costs are cumulative, and costs assessed before a magistrate shall be added to costs assessed in the District Court, and costs assessed in the District Court shall be added to costs assessed in the Superior Court, except that if an appeal from the District Court to the Superior Court is withdrawn within 20 days after notice of appeal is given, or 10 days before the next criminal session of Superior Court convenes, whichever is later, only the District Court costs shall be assessed, and further, the fee for the Law Enforcement Officers' Benefit and Retirement Fund shall be assessed only once in each case."

Sec. 3.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 4.  This Act shall become effective upon its ratification.

In the General Assembly read three times and ratified, this the 25th day of May, 1967.