State v. High

Supreme Court of North Carolina

State v. High

183 S.E.2d 633, 279 N.C. 487, 1971 N.C. LEXIS 854

CourtSupreme Court of North Carolina

DecidedOctober 13, 1971

Docket25

StatusPublished

Cited by4 cases

This text of 183 S.E.2d 633 (State v. High) 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. High, 183 S.E.2d 633, 279 N.C. 487, 1971 N.C. LEXIS 854 (N.C. 1971).

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Opinion

HUSKINS, Justice.

The record contains no exceptions and no assignments of error. The only question for review, therefore, is whether error appears on the face of the record proper. “When the case on appeal contains no assignments of error, the judgment must be sustained, unless error appears on the face of the record.” State v. Higgs, 270 N.C. 111, 153 S.E. 2d 781 (1967); State v. Newell, 268 N.C. 300, 150 S.E. 2d 405 (1966); State v. Williams, 268 N.C. 295, 150 S.E. 2d 447 (1966); State v. Darnell, 266 N.C. 640, 146 S.E. 2d 800 (1966).

An examination of the record proper reveals no error. We note that John Raymond Dozier, defendant’s accomplice in the commission of this kidnapping and rape, was convicted by a jury on both charges and received a life sentence in each case. The judgments were upheld by this Court in State v. Dozier, 277 N.C. 615, 178 S.E. 2d 412 (1971). It is indeed difficult to see wherein this defendant has cause to complain. This is just a perfunctory appeal — another example of gross abuse by an indigent defendant of the unlimited right of appeal.

The judgment of the superior court is

Affirmed.

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HUSKINS, Justice.

The record contains no exceptions and no assignments of error. The only question for review, therefore, is whether error appears on the face of the record proper. “When the case on appeal contains no assignments of error, the judgment must be sustained, unless error appears on the face of the record.” State v. Higgs, 270 N.C. 111, 153 S.E. 2d 781 (1967); State v. Newell, 268 N.C. 300, 150 S.E. 2d 405 (1966); State v. Williams, 268 N.C. 295, 150 S.E. 2d 447 (1966); State v. Darnell, 266 N.C. 640, 146 S.E. 2d 800 (1966).

An examination of the record proper reveals no error. We note that John Raymond Dozier, defendant’s accomplice in the commission of this kidnapping and rape, was convicted by a jury on both charges and received a life sentence in each case. The judgments were upheld by this Court in State v. Dozier, 277 N.C. 615, 178 S.E. 2d 412 (1971). It is indeed difficult to see wherein this defendant has cause to complain. This is just a perfunctory appeal — another example of gross abuse by an indigent defendant of the unlimited right of appeal.

The judgment of the superior court is

Affirmed.

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Bluebook (online)

183 S.E.2d 633, 279 N.C. 487, 1971 N.C. LEXIS 854, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-high-nc-1971.

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