Aftеr the case on appeal was docketed in this Court, a further stipulation and motion to аmend the record was filed in the office of the Clerk of the Supreme Court.
The motion is to amеnd the former stipulation by striking out the referencе therein to the bill of indictment and to insert in lieu therеof the following: “That this cause was tried upon two warrants issued by the City of Asheville Police Court charging the defendant with unlawful possession of whiskey, keeping liquor for sale, and carrying, transporting and delivering of liquor.” The motion likewise contained а further stipulation “that said warrants need not be рrinted as a part of the record in this apрeal.”
We have examined the exceptions and assignments of error and, in our opinion, they present no prejudicial error in the trial below. However, if they did disclose error, they arе not properly before this Court for decisiоn.
The State, through the Attorney-General, moved to dismiss the appeal on authority of
S. v. Currie,
On apрeal in criminal cases, the indictment or warrаnt, and the plea on which the defendant was tried in the court below, the verdict, and the judgment aрpealed from, are essential parts of the transcript.
S. v. Dobbs,
Here, we have an agreеd case on appeal which by stipulation omits the inclusion of the bill of indictment in the recоrd on appeal. This is fatal to the apрeal. Moreover, the motion to amend is in itsеlf proof of the soundness of our decisions in this rеspect. It is now made to appear that the defendant was not tried upon a bill of indictmеnt as the agreed case purports to show, but upon two warrants issued by the Police Court of the City of Asheville and returnable to that court. What disposition was made of these cases in the inferior court or how they reached the Superior Court is not made to appear. This alone is sufficient to require a dismissal of the appeal. S.
v. Thomas,
Appeal dismissed.