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State v. Cornelius

144 S.E.2d 203, 265 N.C. 452, 1965 N.C. LEXIS 1010
CourtSupreme Court of North Carolina
DecidedOctober 13, 1965
Docket261
StatusPublished
Cited by15 cases

This text of 144 S.E.2d 203 (State v. Cornelius) 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. Cornelius, 144 S.E.2d 203, 265 N.C. 452, 1965 N.C. LEXIS 1010 (N.C. 1965).

Opinion

Per Curiam.

The appellant has only one assignment of error and it purports to be based on a portion of the charge to which no exception was taken as required by the Rules of this Court. Even so, the portion of the charge complained of is set out under the assignment of error and consists in its entirety of a contention of the State.

We have repeatedly held that an inadvertence in stating contentions or in recapitulating the evidence must be called to the attention of the court in time for correction. After verdict, the objection comes too late. S. v. Case, 253 N.C. 130, 116 S.E. 2d 429; S. v. Holder, 252 N.C. 121, 113 S.E. 2d 15; S. v. Adams, 245 N.C. 344, 95 S.E. 2d 902.

There is no contention that the State’s evidence was not sufficient to support the verdict.

In our opinion, the defendant has had a fair trial, free from any prejudicial error, and the verdict and judgment entered below will not be disturbed.

No error.

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Bluebook (online)
144 S.E.2d 203, 265 N.C. 452, 1965 N.C. LEXIS 1010, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-cornelius-nc-1965.