Rule 4. Appeal in Criminal Cases—How and When Taken

(a)

Manner and Time.

Any party entitled by law to appeal from a

judgment or order of a superior or district court rendered in a criminal action may

take appeal by:

(1)

giving oral notice of appeal at trial, or

(2)

filing notice of appeal with the clerk of superior court and serving

copies thereof upon all adverse parties within fourteen days after

entry of the judgment or order or within fourteen days after a

ruling on a motion for appropriate relief made during the

fourteen-day period following entry of the judgment or order.

Appeals from district court to superior court are governed by

N.C.G.S. §§ 15A-1431 and -1432.

(b)

Content of Notice of Appeal. The notice of appeal required to be filed

and served by subdivision (a)(2) of this rule shall specify the party or parties taking

the appeal; shall designate the judgment or order from which appeal is taken and the

court to which appeal is taken; and shall be signed by counsel of record for the party

or parties taking the appeal, or by any such party not represented by counsel of

record.

(c)

Service of Notice of Appeal. Service of copies of the notice of appeal

may be made as provided in Rule 26.

(d)

To Which Appellate Court Addressed. An appeal of right from a

judgment of a superior court by any person who has been convicted of murder in the

first degree and sentenced to death shall be filed in the Supreme Court. In all other

criminal cases, appeal shall be filed in the Court of Appeals.

History Note.

287 N.C. 671; 295 N.C. 742; 305 N.C. 783; 322 N.C. 844; 368 N.C. 1067; 324 N.C. 585;

324 N.C. 613; 348 N.C. 724; 354 N.C. 598; 354 N.C. 609; 357 N.C. 665; 363 N.C. 901; 369 N.C. 763;

371 N.C. 974.