#### STATE vs. WASHINGTON ORRELL.

Where no bill of exceptions, nor statement in the nature thereof, accompanies the record of a case sent to this Court, the judgment below is affirmed as of course — there appearing* no error in the record.

(The case of State V. Gallimore, 7 Ire. 147, and Walton v. Smith, 8 Ire. 520, cited and approved.) *

The defendant was convicted of manslaughter, before his Honor Judge Settle, at Guilford, on the last Spring Circuit, *218and from the judgment rendered on the verdict he appealed to the Supreme Court. No bill of exceptions nor statement of the case accompanies the record sent up.

Attorney General, for the State.

No counsel for the defendant in this Court.

Nash, C. J.

Every appeal to this Court from a trial at law consists of the record of the case below, properly so called, and the statement accompanying it which is in the nature of a bill of exceptions, and contains the proceedings of the Court below excepted to. And it is the rule in every Court of errors, that he who alleges error must show it. The judgment appealed from must stand as correct, until shown to be incorrect. State v. Gallimore, 7 Ire. 147, Walton v. Smith, 8 Ire. 520. In the case before us, there is no statement, no bill of exceptions. We have looked into the record and fill'd no error there. It is obvious the appeal was taken for delay, without any just cause of complaint— certainly an abuse of the right of appeal,, but one which the Legislature alone can correct. The judgment of the Court below is affirmed, and this opinion will be certified to the Superior Court of Guilford.

Per Curiam. Judgment affirmed.