State v. . Lueders

Stacy, O. J\

Tbe purpose of this appeal, frankly avowed, is to obtain a reconsideration of the decision in S. v. Lawrence, 213 N. C., 674, and to test again the constitutionality of ch. 155, Public Laws 1935.

There are certain irregularities appearing on the face of the record which preclude a consideration of the constitutional question. S. v. Smith, 211 N. C., 206, 189 S. E., 509.

In the first place, the defendant entered no plea in the Superior Court, where, on appeal, the cause was to be tried de novo. In fact, it does not appear whether he was present when the case was heard. In the absence…