State v. . McWhirter
This text of 137 S.E. 657 (State v. . McWhirter) 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.
Opinion
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.
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Cite This Page — Counsel Stack
137 S.E. 657, 193 N.C. 845, 1927 N.C. LEXIS 492, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mcwhirter-nc-1927.