State v. . McWhirter

137 S.E. 657, 193 N.C. 845, 1927 N.C. LEXIS 492

Opinion

Per Curiam.

The defendant asserts that the jury rendered a verdict that he was not guilty of assault with intent to commit rape, as charged in the hill of indictment, “but guilty of simple assault on a female,” and therefore no punishment could be imposed in excess of imprisonment for thirty days, or a fine of fifty dollars. However, the record discloses that the verdict rendered was “guilty of assault on a female by a male person over the age of eighteen years.” On appeal the record imports verity, and we are not permitted to consider any matter not appearing therein. A close scrutiny of the record fails to disclose any error of law, and therefore the judgment must stand.

No error.