State v. Higgs

The case on appeal contains no assignment of error, and the transcript reveals that not a single objection was made or exception entered during the trial. Notwithstanding, after being informed by the court that he was entitled to appeal as a matter of right at the expense of the State, defendant gave notice of appeal, and counsel was appointed to bring up the case.

In preparing the case on appeal, counsel included a birth certificate which had not been introduced in evidence at the trial. It shows, inter alia, that a white male named Burford Murril Higgs was born in Person County on June 22,…