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193 N.C. 845

137 S.E 657

State v. . McWhirter

Supreme Court of North Carolina

Decided April 20, 1927

Supreme Court of North Carolina · decided 1927-04-20

Cited by 1 later decisions — most recently December 1948

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1927-04-20

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Per Curiam.

¶1 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.

¶2 No error.

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