State v. . Blankenship

Supreme Court of North Carolina

State v. . Blankenship

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

CourtSupreme Court of North Carolina

DecidedSeptember 5, 1895

StatusPublished

Cited by5 cases

This text of 23 S.E. 455 (State v. . Blankenship) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. . Blankenship, 23 S.E. 455, 117 N.C. 808 (N.C. 1895).

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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 *809 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.

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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 *809 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.

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23 S.E. 455, 117 N.C. 808, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-blankenship-nc-1895.

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