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120 N.C. 588

26 S.E 915

State v. . Ashford

Supreme Court of North Carolina

Decided February 5, 1897

Supreme Court of North Carolina · decided 1897-02-05

INDICTMENT for obtaining money under false representations, tried before Ooble, Jand a jury, at Spring Term, 1897, of Anson Superior Court. The defendant was convicted and appealed.

Good law ✅— No negative treatment on recordhow we know

Decided 1897-02-05

How this case has been cited

Cited by 3 later decisions — most recently November 1950

3 state decisions

101897190019101920193019401950decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Faiecloth, C. J.:

¶1 The defendant was indicted for obtaining ‘‘money’’ under a false representation and the proof was that he obtained “goods and merchandise” under *589 such representation. There were no exceptions, at the trial. After verdict the defendant' moved in arrest of judgment. On the argument here it was. insisted that the court, by looking through the whole record, would see that the judgment was such as should not in law be rendered under The Code, Section 957. No error was pointed out to the court by the defendant. The point made is that money was charged in the indictment and goods and merchandise only uere shown by the proof. The above Section refers only to such matters as are necessarily of the record, as the pleadings, verdict and judgment. If error in these matters is apparent, the court ex mero motu will arrest the judgment. When other matters are relied upon, they must be pointed by an exception on the trial or in the case on appeal. State v. Cowan, 29 N. C., 239; State v. Potter, 61 N. C., 338; State v. Jones, 69 N. C., 16; State v. Craige, 89 N. C., 475. A general exception, without specifying error, will not be considered in this court. Grant v. Hunsucker, 34 N. C., 254; Thornton v. Brady, 100 N. C., 38; McKinnon v. Morrison, 104 N. C., 354, and numerous cases cited.

¶2 Affirmed.

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