(Download) "State v. Johnson" by Supreme Court of North Carolina No. 730 " eBook PDF Kindle ePub Free
eBook details
- Title: State v. Johnson
- Author : Supreme Court of North Carolina No. 730
- Release Date : January 05, 1947
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 49 KB
Description
[227 NC Page 588] On this appeal defendant presses for error the refusal of the court to grant his motion for judgment as of nonsuit entered at close of State's evidence, and renewed at the close of all the evidence, pursuant to provisions of G.S., 15-173. These motions, being general, may not be sustained. Since the prosecution is upon an indictment charging an assault with intent to commit rape, which is a felony, G.S., 14-1, and G.S., 14-22, it is lawful for the jury to acquit of the felony and to find a verdict of guilty of an assault upon a female if the evidence warrants such a finding. G.S., 15-169. Therefore, there being sufficient evidence to support at least a verdict of guilty of an assault upon a female, the motion to dismiss under G.S., 15-173 was properly denied. See S. v. Jones, 222 N.C. 37, 21 S.E.2d 812. Compare S. v. Gay, 224 N.C. 141, 29 S.E.2d 458.
 "State v. Johnson" by Supreme Court of North Carolina No. 730 " eBook PDF Kindle ePub Free){kind=link}