State v. . Sloan

155 S.E. 258, 199 N.C. 598, 1930 N.C. LEXIS 191

• Court: Supreme Court of North Carolina
• Decided: October 22, 1930
• Status: Published

Opinion

Stacy, C. J.,

after stating the case: Error is assigned because the trial court, in charging the jury, stated “the defendant admits he has a criminal record, more or less; that at one time he was convicted of larceny,” etc., whereas the admission made by the prisoner was that he had been on the roads of Richmond County and “they claimed I took an automobile.”' - The assignment is without merit. The court’s statement is warránted by the cross-examination of the prisoner. There is no practicable difference between the defendant’s testimony and the court’s interpretation of it. For the court to say that the defendant admitted he had been convicted of larceny when his admission was that he had been on the roads charged with taking an automobile, could, in no event, be held for reversible error.

Furthermore, the prisoner having omitted’ to call the matter to the court’s attention, at the proper time, so as to afford an opportunity to remove the objection, if any really existed, may not now, after verdict, challenge its correctness. S. v. Parker, 198 N. C., 629.

The remaining exceptions are equally untenable.

No error.