State v. Edmonds, 212 N.C. App. 575 (Jun. 21, 2011)

In a child sex case, the court rejected the defendant’s argument that the trial court erred by ruling that the defendant could not argue that his nephew or someone else had assaulted the victim. It concluded: “Although defendant argues that he was improperly prevented from arguing that someone else raped the victim, defendant is unable to point to specific portions of his closing argument which were limited by the trial court’s ruling, as closing arguments in this case were not recorded. Therefore, defendant has not met his burden of establishing the trial court’s alleged error within the record on appeal. This court will not ‘assume error by the trial judge when none appears on the record before [it].’”