State v. York

Supreme Court of North Carolina

State v. York

105 S.E.2d 415, 249 N.C. 132, 1958 N.C. LEXIS 430

DecidedOctober 29, 1958

StatusPublished

This text of 105 S.E.2d 415 (State v. York) 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. York, 105 S.E.2d 415, 249 N.C. 132, 1958 N.C. LEXIS 430 (N.C. 1958).

Pincite

Opinion

Per Curiam.

Defendant, as appellant, presents for consideration on this appeal nineteen assignments of error based upon like number of exceptions taken during the course of the trial, and to matters occurring in Superior Court. It is noted, however, that in nine cases the exception is to the action of the court in sustaining objections to questions asked in behalf of defendant. In each of these instances the record fails to show what the answer of the witness would have been, so as to indicate its materiality.

After careful consideration the exceptions (1) to denial of motions for judgment as of nonsuit, aptly made, (2) to portions of the charge, (3) to remarks of the judge, (4) to the failure of the trial judge to charge the law in various aspects, and (5) to all others, error for [133]*133which «the verdict and judgment below should be set aside is not made to appear.

Hence in the trial below there is

No Error.

PARKER, J., not sitting.

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Per Curiam.

Defendant, as appellant, presents for consideration on this appeal nineteen assignments of error based upon like number of exceptions taken during the course of the trial, and to matters occurring in Superior Court. It is noted, however, that in nine cases the exception is to the action of the court in sustaining objections to questions asked in behalf of defendant. In each of these instances the record fails to show what the answer of the witness would have been, so as to indicate its materiality.

After careful consideration the exceptions (1) to denial of motions for judgment as of nonsuit, aptly made, (2) to portions of the charge, (3) to remarks of the judge, (4) to the failure of the trial judge to charge the law in various aspects, and (5) to all others, error for [133]*133which «the verdict and judgment below should be set aside is not made to appear.

Hence in the trial below there is

No Error.

PARKER, J., not sitting.

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Bluebook (online)

105 S.E.2d 415, 249 N.C. 132, 1958 N.C. LEXIS 430, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-york-nc-1958.