State v. Oliver
State v. Oliver
Opinion of the Court
The Attorney General suggests, and we agree, that defendant’s counsel in the preparation of his brief and the record on appeal has failed to comply with the Rules of Practice in the Court of Appeals in that the exceptions and assignments of error are not set out in the brief and properly numbered with reference to the printed record as required by Rule 28. In addition, none of the exceptions noted in the record are numbered. Although the appeal is subject to dismissal for failure to comply with the Rules of Practice in the Court of Appeals, State v. Black, 7 N.C. App. 324, 172 S.E. 2d 217 (1970); Williford v. Williford, 10 N.C. App. 541, 179 S.E. 2d 118 (1971), we do not do so but consider the questions raised by the assignments of error.
The defendant assigns as error the court’s denial of his motion for judgment as of nonsuit made at the close of all the evidence. When the evidence is considered in the light most favorable to the State, and giving it the benefit of every reasonable inference to be deduced therefrom, we hold it is sufficient to require the submission of the case to the jury.
We find the defendant had a fair trial free from prejudicial error.
No error.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.