Davis v. State

We have examined the records and briefs in the first appeal in this case, which are of record in the office of the Clerk of the Supreme Court. On that appeal there was no assignment of error and no contention that the verdict rendered was invalid or improper or ambiguous and that the verdict did not support the judgment. Defendant appealed from the judgment of imprisonment imposed upon the first appeal.

This is stated in 1 Strong, N. C. Index 2d, Appeal and Error, § 26:

“An appeal is itself an exception to the judgment and to any matter appearing on the face of the record proper. A sole…