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284 N.C. 115

State v. Johnson

Supreme Court of North Carolina

Decided October 10, 1973

Supreme Court of North Carolina · decided 1973-10-10

Cited by 1 later decisions — most recently December 1994

1 state decisions

Relies on State v. Waddell · State v. Elliott · State v. Cox

Good law ✅— No negative treatment on recordhow we know

Decided 1973-10-10

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Per Curiam.

¶1The case on appeal contains no assignments of error. The appeal itself constitutes an exception to the judgment and presents for review any error appearing on the face of the record. State v. Cox, 281 N.C. 131, 187 S.E. 2d 785 (1972); State v. Elliott, 269 N.C. 683, 153 S.E. 2d 330 (1967). In the absence of proper exception and assignment of error, the judgment must be sustained unless error appears on the face of the record *118proper. State v. Bumgarner, 283 N.C. 388, 196 S.E. 2d 210 (1973); State v. Higgs, 270 N.C. 111, 153 S.E. 2d 781 (1967); State v. Williams, 268 N.C. 295, 150 S.E. 2d 447 (1966).

¶2Defendant was tried in a properly organized court upon a valid bill of indictment. The verdict supports the judgment, and the sentence of life imprisonment is correct under the case cited by the presiding judge. See also State v. Waddell, 282 N.C. 431, 194 S.E. 2d 19 (1973).

¶3Counsel for defendant in his brief candidly states: “Counsel for defendant appellant has examined the record in the above cause at great length, and has been unable to find error.”

¶4We have carefully reviewed the entire record and find no error. .

¶5No error.

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