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THE STATE v. JESSE BROWN. Head-notes by CLARK, J.

Murder — Form of Indictment.

1. The form of indictment for murder prescribed by chapter 58, Acts of 1887, is valid. S. v. Moore, 104 N.C. 743, cited and affirmed.

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

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 of 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, were sustained by this Court in S. v. Moore, 104 N.C. 743. We cite that case and affirm it as to this point.

No error.

Cited: S. v. Arnold, 107 N.C. 864; S. v. Williams, 117 N.C. 754; S. v. Southerland, 178 N.C. 678.

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STATE v. BROWN
(Feb 1, 1890)