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7 N.C. App. 574

State v. Johnson

Court of Appeals of North Carolina · decided 1970-04-01

Cited by 2 later decisions — most recently April 1972

2 state decisions

Relies on State v. Elliott

Good law ✅— No negative treatment on recordhow we know

Decided 1970-04-01

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MORRIS, J.

¶1No assignments of error or exceptions are contained in the record or defendant’s brief. Nevertheless, we will consider the appeal since that in itself is an exception to the judgment and presents the face of the record proper for review. State v. Elliott, 269 N.C. 683, 153 S.E. 2d 330 (1967).

¶2The attorneys for both parties have candidly admitted that the record contains no errors. We take note, however, that the record contains a motion by the State to amend the indictment to allege that the defendant was over 18 years of age at the time the crime was committed. There is nothing in the record to indicate whether the court ruled on the motion.

¶3The indictment appearing in the record, certified by the clerk as the bill of indictment returned by the grand jury, is valid and proper in form. It alleges that defendant is a male over 18 years of age, but this allegation is not necessary to support the charge against the defendant.

¶4In the record before us, we find

¶5No error.

Mallard, C.J., and Vaughn, J., concur.
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