State v. . Blankenship

23 S.E. 455, 117 N.C. 808

Opinion

Clark, J.:

-The defendant asked certain instructions which were not given. The refusal is deemed excepted to, but, if the exception is not set out by the appellant in stat ing his case on appeal, it is waived. Taylor v. Plummer, 105 N. C., 56; Marshall v. Stine, 112 N. C., 697; Davis v. Duval, 112 N. C., 833. Indeed, no exception whatever appears to have been made, and, no error appearing upon the face of the record proper, the judgment must be affirmed. See numerous cases cited in Clark’s Code, p. 582, subhead, “Where no errors are assigned.”

Affirmed.