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199 N.C. 598

155 S.E 258

State v. . Sloan

Supreme Court of North Carolina

Decided October 22, 1930

Supreme Court of North Carolina · decided 1930-10-22

Cited by 1 later decisions — most recently June 1932

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1930-10-22

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Stacy, C. J.,

¶1 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.

¶2 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.

¶3 The remaining exceptions are equally untenable.

¶4 No error.

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