Opinion
(January Term, 1880.)
Appeal — Practice.
Where, on an appeal in a capital case, there is no statement of the case, and no error appears on the record, it will be certified to the court below that there is no error, so that it may proceed to judgment.
( State v. Ray, 10 Ired., 29; State v. Langford, Busb., 436; State v. Murray, 80 N.C. 364, cited and approved.)
INDICTMENT for Murder tried at Fall Term, 1879, of ROBESON Superior Court, before Seymour, J.
Attorney General, for the State.
No counsel for prisoner.
Judgment was pronounced upon conviction of the prisoner, and he appealed to this court.
This was an indictment for murder, and on the appeal of the prisoner to this court, there being no statement of the case, it is our duty to look through the record to see if there be any error therein.
We have carefully examined the whole record and are unable to detect any error entitling the prisoner to a new trial or arrest of judgment, and in such case we can only have certified our opinion to the court below that the court may proceed to judgment. State v. Ray, 10 Ired., 29; State v. Langford, Busb., 436; State v. Murray, 80 N.C. 364.
There is no error and this will be certified to the court below that the sentence of the law may be pronounced and executed.
PER CURIAM. No error.