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240 N.C. 196

81 S.E.2d 403

State v. Ayscue

Supreme Court of North Carolina

Decided April 28, 1954

Supreme Court of North Carolina · decided 1954-04-28

Relies on State v. Gaston · State v. Sloan · State v. Howell

Good law ✅— No negative treatment on recordhow we know

Decided 1954-04-28

How this case has been cited

Cited by 13 later decisions — most recently January 1982

13 state decisions

601954196019701980decided

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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Pee Cueiam.

¶1 The defendant, being without counsel in the trial below, seeks to challenge in this Court for the first time (1) the admissibility of portions of the evidence adduced against him, and (2) the sufficiency of the evidence to carry the case to the jury. However, the record discloses no objection to any of the evidence nor motion for judgment as of nonsuit. In fact, nowhere in the record is there an objection or exception to any ruling of the trial court. The objections, first made in this Court, come too late. Decision here is controlled by what is said in S. v. Howell, 239 N.C. 78, 79 S.E. 2d 235, and S. v. Gaston, 236 N.C. 499, 73 S.E. 2d 311.

¶2 True, the appeal itself is an exception to the judgment, S. v. Sloan, 238 N.C. 672, 78 S.E. 2d 738, but the judgment appears to be regular in form and is supported by the verdict. It would seem the defendant has applied to the wrong forum.

¶3 No error.

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