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256 N.C. 464

124 S.E.2d 108

State v. Burton

Supreme Court of North Carolina

Decided February 28, 1962

Supreme Court of North Carolina · decided 1962-02-28

Relies on EL LOWIE & COMPANY v. Atkins

Good law ✅— No negative treatment on recordhow we know

Decided 1962-02-28

How this case has been cited

Cited by 15 later decisions — most recently June 1989

13 state decisions

100196219701980decided

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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Per Curiam.

¶1 The assignments of error are without merit. The crucial assignments relate to the admission of certain testimony of the arresting officer as to what Frank Burton told him in the absence of defendant. The only testimony of this character admitted and not *465 stricken was first elicited by defendant on cross-examination, and with respect to which there was no objection or exception. Furthermore, these assignments are not sufficient in form to present the errors relied on without the necessity of going beyond the assignments themselves to learn what the questions are. Rule 21, Rules of Practice in Supreme Court; Lowie & Co. v. Atkins, 245 N.C. 98, 95 S.E. 2d 271. See 1 Strong: N.C. Index, Appeal and Error, s. 19, p. 90.

¶2 The evidence is sufficient to support the verdict. The punishment is not in excess of that provided by law.

¶3 No error.

WiNBORN®, C.J., not sitting.
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