Opinion
No. 747SC339
Filed 17 April 1974
Criminal Law 161 — exception to judgment — review of record An exception to the judgment presents the face of the record proper for review, and, ordinarily, such review is limited to the questions of whether error of law appears on the face of the record and whether judgment is regular in form.
APPEAL by defendants from Webb, Judge, 22 October 1973 Session of Superior Court held in NASH County.
Attorney General Robert Morgan, by Deputy Attorney General Jean A. Benoy, for the State.
Roy C. Boddie for defendant appellant Shelton Lucas.
Fields, Cooper Henderson, by Roy A. Cooper, Jr., for defendant appellant Terry Barnes.
In separate indictments, proper in form, defendants were charged with armed robbery. They pleaded not guilty and a jury found them guilty as charged. As to defendant Barnes, the court entered judgment imposing prison sentence of 25 years with credit to be given for time spent in jail awaiting trial. As to defendant Lucas, the court entered judgment imposing prison sentence of 20 years with credit given for time spent in jail awaiting trial. Both defendants appealed.
The sole assignment of error presented by each defendant is to the entry of judgment against him.
An exception to the judgment presents the face of the record proper for review; and, ordinarily, such review is limited to the questions of whether error of law appears on the face of the record and whether the judgment is regular in form. State v. Shelly, 280 N.C. 300, 185 S.E.2d 702 (1972); State v. Kirby, 276 N.C. 123, 171 S.E.2d 416 (1970); State v. Strickland, 10 N.C. App. 540, 179 S.E.2d 162 (1971).
We have examined the record proper and detect no error in law and the judgments are regular in form. Furthermore, we have reviewed the evidence and conclude that it fully supports the verdicts and the judgments, and the sentences imposed are within the limits prescribed by statute.
No error.
Judges HEDRICK and CARSON concur.