State v. . Bittings

Stacy, C. J.,

after stating the case: If this were not a capital case, it would be necessary to affirm the judgment, on motion of the Attorney-General, for failure properly to present exceptive assignments of error. S. v. Freeze, 170 N. C., 710, 86 S. E., 1000; S. v. Kelly, ante, 660. In defense of counsel now appearing for the prisoner, however, it should be said they did not represent him at the trial or in the court below.

No excejflions were taken to the admission or exclusion of evidence and none properly to the charge. There was a formal motion to set aside the verdict and one in arrest…