STATE v. BLANKENSHIP

Practice — Appeal — Exception not Noted in Case on Appeal — Affirmance of Judgment.

Although the refusal to give instructions asked for is deemed excepted to, yet if the exception is not set out by appellant in his case on appeal it is waived, and in such case, no error appearing in the record, the judgment below will be affirmed.

CLARK, J.

The defendant asked certain instructions, which were not given. The refusal is deemed excepted to, but if the exception is not set out by the appellant in stating his case on appeal it is waived. Taylor v. Plummer, 105 N.C. 56; Marshall v. Stine, (809) 112 N.C. 697; Davis v. Duval, 112 N.C. 833. Indeed, no exception whatever appears to have been made, and, no error appearing upon the face of the record proper, the judgment must be affirmed. See numerous cases cited in Clark's Code, p. 582, subhead "Where no errors are assigned."

Affirmed.

Cited: Cunningham v. Cunningham, 121 N.C. 417; Wilson v. Wilson, 125 N.C. 527; Hicks v. Kenan, 139 N.C. 338; Hancock v. Tel. Co., 142 N.C. 163.