State v. Ray

All that appears in this case is the record proper, the Judge’s charge and the defendant’s assignments of error. The transcript is devoid of any evidence offered at the trial or taken on the hearing. The exceptions are addressed exclusively to portions of the charge.

Even if some of the instructions, standing alone, should be regarded as erroneous, they could not be declared prejudicial or hurtful, unless inherently and patently so, in the absence of the evidence upon which they were based or to which they speak. 24 C.J.S. 733; Pickett v. Pickett, 14 N.C. 6; S. v. Wilson, 121 N.C. 650, 28 S.E.…