State v. . Daniel

46 S.E.2d 312, 228 N.C. 536, 1948 N.C. LEXIS 263

Opinion

Stacy, C. J.

"While the transcript is somewhat deficient, as well as wanting in clarity, we think enough appears on the record, especially in view of the recitals in the judgment, to give us jurisdiction of the appeal. Hence, the motion to dismiss will be overruled. S. v. Daniel, 121 N. C., 574, 28 S. E., 255; S. v. Butts, 91 N. C., 524.

In addition to the peremptoriness of the charge, which seems to have silenced the jury, S. v. Godwin, 227 N. C., 449, 42 S. E. (2d), 617, there is neither plea nor verdict to support the judgment. S. v. Walters, 208 N. C., 391, 180 S. E., 664.

A new trial seems necessary. It is so ordered. See Blake v. Smith, 163 N. C., 274, 79 S. E., 596.

New trial.