State v. Cheek

MORRIS, Judge.

Defendant assigns as error the court’s allowing into evidence, over defendant’s objections, testimony with respect to prior assaults on prosecuting witness Betty Jordan by defendant. This testimony, of course, is relative to the assault charge as to which defendant was found guilty and the court continued prayer for judgment. In State v. Bryant, 23 N.C. App. 373, 374, 208 S.E. 2d 723 (1974), Judge Britt, speaking for the Court, said: “It is well established that a 'prayer for judgment continued’ is not a final judgment, therefore, it is not appeal-able.” However, the rule is…