State v. Brown

• Decision Date: 17 February 1890
• Citation: 10 S.E. 870,106 N.C. 645
• Parties: STATE v. BROWN.
• Court: North Carolina Supreme Court

10 S.E. 870

106 N.C. 645

STATE v. BROWN.

Supreme Court of North Carolina

February 17, 1890

Syllabus by the Court.

1. The form of indictment for murder prescribed by chapter 58, Acts 1887, is sufficient. State v. Moore, 104 N.C. ___, ante, 183, cited and affirmed.

2. Where no exceptions are made below, and no error is apparent upon the record, the judgment will be affirmed.

Appeal from superior court, Craven county; E. T. BOYKIN, Judge.

Indictment of Jesse Brown for murder. Defendant was convicted, and he appeals.

The Attorney General, for the State.

CLARK, J.

There is no statement of case on appeal, no assignment of error, and, upon a careful inspection of the record, no error appears. The bill of indictment is substantially in the form authorized by chapter 58, Acts 1887, albeit it contains some expressions not required by it, and which are mere surplusage. The validity of that act, and the sufficiency of an indictment drawn in accordance with it, was sustained by this court in State v. Moore, 104 N.C. ___, ante, 183. We cite that case, and affirm it as to this point.