#### STATE v. THOMAS WHITMIRE et als.

Practice — Appeal—Affirmation of Judgment for Lack of , Assignment of Error.

Where, in an appeal, there is neither statement of ease, assignment of error nor any error apparent in the record, the judgment below will be affirmed.

The defendants were indicted for larceny and tried at Spring Term, 1893, of TraNkylvakia Superior Court, before Graves, J, and appealed from the judgment pronounced upon a yerdict of guilty.

The Attorney General, for the State.

No counsel contra.

*896Per CuriaM

: There is no statement of the case on appeal, nor any assignment of error set out in the record, nor does any error appear in the record. The judgment must therefore be Affirmed.