State v. . Cox

7 S.E.2d 473, 217 N.C. 177, 1940 N.C. LEXIS 203

• Court: Supreme Court of North Carolina
• Decided: February 28, 1940
• Status: Published

Opinion

Devin, I.

Tbe only exception referred, to in defendant’s brief relates to tbe judge’s charge on tbe first count in tbe warrant. However, as there was a general verdict of guilty, and there was no exception to tbe judge’s instructions to tbe jury on tbe second count which charged sale of intoxicating liquor, any error in tbe trial judge’s statement of tbe law as to unlawful possession would become harmless. S. v. Holder, 133 N. C., 709, 45 S. E., 862; S. v. Coleman, 178 N. C., 757, 101 S. E., 261; S. v. Jarrett, 189 N. C., 516, 127 S. E., 590. There was no motion for judgment of nonsuit. Tbe appellant did not include in bis case on appeal tbe evidence adduced in tbe trial, but tbe statement of tbe evidence contained in the judge’s charge which was sent up, and to which no exception was taken, shows sufficient evidence to support the verdict. The other exception noted by the defendant during the trial was not referred to in his brief, and therefore is deemed abandoned. Rule 28; S. v. Lea, 203 N. C., 13, 164 S. E., 737; In re Beard, 202 N. C., 661, 163 S. E., 748.

In the trial we find

No error.