State v. . Jones

The only exception appearing in the record on this appeal is to the refusal of the court to allow defendant’s motion to dismiss the action as in case of nonsuit' — made in accordance with the provisions of C. S., 4643.

Upon tbe evidence appearing in tbe record, tbis exception cannot be sustained, for as stated in S. v. Hill, 181 N. C., 558, 107 S. E., 140, “We cannot grant tbe nonsuit, as tbe defendant could bave been convicted of an assault tbe same as if it bad been separately charged in an indictment.” C. S., 4639. See also S. v. Holt, 192 N. C., 490, 135 S. E., 324.

However, if there bad…