State v. . Fesperman

Clark, J.:

The indictment charges an assault “ with a certain deadly weapon, to-wit, a shovel of the weight of five pounds.” The special verdict finds that, in fact, the assault •was made by the defendant with his fist and within six months before the true'bill was found. It has been repeatedly held that when the indictment in the Superior Court charges an assault with a deadly weapon, the Court retains jurisdiction although in the proof simple assault only shall be shown. State v. Ray, 89 N. C., 587; State v. Reaves, 85 N. C., 553; State v. Cunningham, 94 N. C., 824; State v. Earnest, 98 N.…