State v. Bryant

Court of Appeals of North Carolina

State v. Bryant

208 S.E.2d 723, 23 N.C. App. 373, 1974 N.C. App. LEXIS 2103

CourtCourt of Appeals of North Carolina

DecidedOctober 16, 1974

DocketNo. 747SC759

StatusPublished

Cited by1 cases

This text of 208 S.E.2d 723 (State v. Bryant) is published on Counsel Stack Legal Research, covering Court of Appeals 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. Bryant, 208 S.E.2d 723, 23 N.C. App. 373, 1974 N.C. App. LEXIS 2103 (N.C. Ct. App. 1974).

Pincite

Opinion

BRITT, Judge.

The assignment of error that defendant stresses is that the trial judge failed to charge the jury as to misdemeanor larceny, a lesser included offense of felonious larceny. The assignment has no merit.

[374]*374It is well established that a “prayer for judgment continued” is not a final judgment, therefore, it is not appealable. See State v. Griffin, 246 N.C. 680, 100 S.E. 2d 49 (1957) ; State v. Pledger, 257 N.C. 634, 127 S.E. 2d 337 (1962). Since prayer for judgment was continued on the felonious larceny charge, a final judgment was not entered on that charge and any error committed with respect thereto is not reviewable at this time.

As to the other assignments of error, we have reviewed the records and briefs and find that they too are without merit.

No error.

Judges Hedrick and Baley concur.

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