Criminal Law 161 — the appeal — exception to the judgment An appeal is itself an exception to the judgment and to any matter appearing on the face of the record proper.
By indictment proper in form, defendant was charged with murder. When his case was called for trial, defendant, through his attorney, tendered a plea of guilty to the offense of voluntary manslaughter, which plea was accepted by the State. He was sentenced to State Prison for a period of seventeen years from which he appeals.
BRITT, J.
Defendant's court-appointed counsel brings forward no assignment of error, frankly stating that he is unable to find error but asks the court to carefully review the record and grant such relief as may be proper.
An appeal is itself an exception to the judgment and to any matter appearing on the face of the record proper. State v. Ruffin, 3 N.C. App. 307, 164 S.E.2d 503, citing 1 Strong, N.C. Index 2d, Appeal and Error, 26, p. 152.
We have carefully reviewed the record before us and find that the defendant was charged upon a valid bill of indictment, entered a plea of guilty to a lesser offense encompassed in said bill of indictment, and was given a sentence which was within statutory limits. State v. Hopper, 271 N.C. 464, 156 S.E.2d 857; State v. Williams, 3 N.C. App. 233, 164 S.E.2d 404.
Having found no error upon the face of the record, the judgment of the superior court is
Affirmed.
MALLARD, C.J., and PARKER, J., concur.