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N.C.App.1 SPRING SESSION 1973 265
State v. Barnes
not filed with this Court until 19 March 1973. This did not com-ply
with the rules of this Court.
[I] Additionally, defendant has recorded five assignments of
error, only two of which are supported by exceptions duly noted
in the record. Those two exceptions, however, are not properly
numbered as required by Rule 21 of the Rules of Practice in
the Court of Appeals. Exceptions not duly noted in the record,
but appearing only under the purported assignments of error
will not be considered. Midgett v. Midgett, 5 N.C. App. 74, 168
S.E. 2d 53 (1969).
121 While the defendant did take exception to, and assigned as
error, the trial court's failure to enter judgment as in case of
nonsuit and to direct a verdict of not guilty, these exceptions
are not preserved in the brief. Rule 28 requires the appellant,
in his brief, to point out the numbered exception upon which he
is relying and indicate upon what page of the printed record
the exception may be found. State v. McDonald, 11 N.C. App.
497, 181 S.E. 2d 744 (1971).
131 Further, although the defendant assigns as error a portion
of the trial court's charge such assignment of error is defective
not only because it is not based upon an exception in the record,
but also because it is not properly set out in the record. An
assignment of error to the charge should quote the portion of
the charge to which appellant objects, and assignments based
on failure to charge should set out appellant's contention as to
what the court should have charged. A mere reference in the
assignment of error to the record where the exception appears
will not present the alleged error for review. State v. Brown,
9 N.C. App. 534,176 S.E. 2d 907 (1970).
The rules of this Court are to assist the Court to locate
the error complained of and expedite the work of the Court.
Just sending up a mass of material and requesting the Court to
look it over is not helpful.
If the Rules of Practice in the Court of Appeals are not
complied with, the appeal may be dismissed. However, since
the appeal itself is an exception to the judgment which presents
for review error appearing on the face of the record, we under-take
to perform such a review.
The indictment is validly drawn; the defendant entered a
plea of not guilty upon which the case was tried; the verdict
Object Description
| Title | North Carolina Court of Appeals Reports [v.018, Spring Session 1973] |
| Creator | North Carolina. Court of Appeals. |
| Date | 1973 |
| Subjects | Law reports, digests, etc.--North Carolina; Court records--North Carolina |
| Place | North Carolina, United States |
| Description | Volume 18, Spring Session 1973. Cited as 18 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 | 36.8 MB; 832 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_018.pdf |
| Pres Local File Path-M | \Preservation_content\StatePubs\pubs_law\images_master\ |
| OCLC Number-Original | 1681248 |
Description
| Title | Page 289 |
| Full Text | N.C.App.1 SPRING SESSION 1973 265 State v. Barnes not filed with this Court until 19 March 1973. This did not com-ply with the rules of this Court. [I] Additionally, defendant has recorded five assignments of error, only two of which are supported by exceptions duly noted in the record. Those two exceptions, however, are not properly numbered as required by Rule 21 of the Rules of Practice in the Court of Appeals. Exceptions not duly noted in the record, but appearing only under the purported assignments of error will not be considered. Midgett v. Midgett, 5 N.C. App. 74, 168 S.E. 2d 53 (1969). 121 While the defendant did take exception to, and assigned as error, the trial court's failure to enter judgment as in case of nonsuit and to direct a verdict of not guilty, these exceptions are not preserved in the brief. Rule 28 requires the appellant, in his brief, to point out the numbered exception upon which he is relying and indicate upon what page of the printed record the exception may be found. State v. McDonald, 11 N.C. App. 497, 181 S.E. 2d 744 (1971). 131 Further, although the defendant assigns as error a portion of the trial court's charge such assignment of error is defective not only because it is not based upon an exception in the record, but also because it is not properly set out in the record. An assignment of error to the charge should quote the portion of the charge to which appellant objects, and assignments based on failure to charge should set out appellant's contention as to what the court should have charged. A mere reference in the assignment of error to the record where the exception appears will not present the alleged error for review. State v. Brown, 9 N.C. App. 534,176 S.E. 2d 907 (1970). The rules of this Court are to assist the Court to locate the error complained of and expedite the work of the Court. Just sending up a mass of material and requesting the Court to look it over is not helpful. If the Rules of Practice in the Court of Appeals are not complied with, the appeal may be dismissed. However, since the appeal itself is an exception to the judgment which presents for review error appearing on the face of the record, we under-take to perform such a review. The indictment is validly drawn; the defendant entered a plea of not guilty upon which the case was tried; the verdict |
