State v. Jackson

Although I agree with the majority’s conclusion that defendant’s misdescription of the plea does not provide a basis for resolving this appeal, I nonetheless respectfully dissent. I do so because, in my view, the majority’s analysis is incomplete and for that reason resolves the case incorrectly.

We have held that any assignment of error which requires an examination of the evidence cannot prevail on appeal in the absence of a bill of exceptions; the only question presented *884under such circumstances is the sufficiency of the pleadings to sustain the judgment of the trial court. State v. Turner,…