State v. McLean
State v. McLean
Opinion
The record reveals that each defendant made eight assignments of error; however, none of these assignments of error were brought forward and argued by any of defendants in his brief.
Assignments of error which are not brought forward and discussed in the brief are deemed abandoned. State v. Wilson, 280 N.C. 674, 187 S.E. 2d 22; Branch v. State, 269 N.C. 642, 153 S.E. 2d 343; State v. Spears, 268 N.C. 303, 150 S.E. 2d 499; State v. Stafford, 267 N.C. 201, 147 S.E. 2d 925.
Ordinarily when there are no assignments of error before us, we review only the errors appearing on the face of the record as presented by the appeal itself. State v. Higgs, 270 N.C. 111, 153 S.E. 2d 781; State v. Williams, 268 N.C. 295, 150 S.E. 2d 447. Nevertheless, when an accused is convicted of a capital offense with recommendation of life imprisonment, as here, we carefully consider the entire record for possible prejudicial error. State v. Yoes, 271 N.C. 616, 157 S.E. 2d 386; State v. Gaskill, 256 N.C. 652, 124 S.E. 2d 873.
*150 In instant case the record reveals that each defendant was positively identified in court by two eyewitnesses as being the persons who committed the brutal and degrading rape upon the person of Dorothy Holland and as being the persons who robbed Charles Weaver of money by the use of firearms.
The record further reveals that the defendants, represented by competent counsel, were tried under valid indictments in a properly organized court before a scrupulously fair trial judge. The in-court identifications were not tainted by improper pretrial identification procedures.
We have carefully examined the entire record and find it free from error.
No error.
Reference
- Full Case Name
- STATE OF NORTH CAROLINA v. ARTHUR McLEAN, ROLAND McLEAN and ROGER SMITH
- Cited By
- 5 cases
- Status
- Published
- Syllabus
- 1. Criminal Law 161, 166 — assignments of error abandoned — review of record Assignments of error which are not brought forward in the brief are deemed abandoned; however, when an accused is convicted of a capital offense with recommendation of life imprisonment, the court on appeal will consider the entire record for possible prejudicial error. 2. Criminal Law 161 — capital crime — review of record — no error A review of the entire record showed it to be without error where it revealed that defendants were positively identified as perpetrators of the crimes of robbery with firearms and rape, that in-court identifications of defendants were not tainted by improper pre-trial identification procedures, that defendants were represented by competent counsel, and that defendants were tried under valid indictments in a properly organized court before a fair trial judge.