State v. BryantState v. Bryant
- Reporters:
- , ,
- Before:
- Cubiam
Tbе Attorney-General moves to dismiss for tbat tbe defendant served no case on appeal and there is no “case agrеed” or case on appeal settled by tbе judge appearing in tbе record. But an apрeal will not be dismissed for failure of appellant to serve a casе on appeal. Tbе appeal itself сonstitutes an exceрtion to tbe judgment and prеsents tbe case for review of alleged error appearing on tbe face of tbe record. Lawrence v. Lawrence, 226 N.C. 221, 37 S.E. 2d 496.
No error apрears on tbe facе of tbe record. To аfford grounds for relief on a motion in arrest of judgment, it must be made to appear tbat tbe record is in sоme respect fatаlly defective and insufficient to support tbe judgment entered. S. v. Cochran, 230 N.C. 523, 53 S.E. 2d 663; S. v. Billiard, 223 N.C. 446, 27 S.E. 2d 85; S. v. Gaston, 236 N.C. 499. Tbe record does disclose tbat a magistrate issued a searсh warrant returnable before tbe judge of tbe municipal court of tbe city of New Bern. We may conсede, without deciding, tbat suсh warrant is unauthorized by statute and was void. Even so, therе is nothing in tbe record tbat indiсates any information disсovered by authority of this warrant was offered in evidеnce against defendant. Furthermore, tbe searсh warrant constitutes no proper part of the record. S. v. Gaston, supra.
Tbe other questions tbe defendant seeks to present are not properly before us for consideration or decision.
Tbe judgment entered is
Affirmed.