#### STATE OF NORTH CAROLINA v. WILLIAM MACKIE LOWE

No. 7419SC190

(Filed 6 March 1974)

Criminal Law § 161— appeal as exception to judgment

Defendant’s appeal was an exception to the judgment and presented the face of the record for review.

On Certiorari to review the trial before Seay, Judge, June 1973 Session of Superior Court held in Rowan County.

Attorney General Robert Morgan and Assistant Attorney General Myron C. BanJcs for the State.

Davis and Ford by Larry G. Ford for defendant appellant.

HEDRICK, Judge.

This appeal is an exception to the judgment and presents the face of the record proper for review. 3 Strong, N. C. Index 2d, Criminal Law, § 161, p. 112. The record reveals that defendant was charged in a bill of indictment, proper in form, with felonious escape pursuant to G.S. 148-45, entered a plea of not guilty, and was found guilty by a jury.

The judgment imposing a prison sentence of 24 months is within the limits prescribed for a violation of the statute.

In the defendant’s trial in the Superior Court, we find

No error.

Judges Campbell and Baley concur.