State v. . Miller

There was ample evidence to- warrant the jury in finding, as it did, that the defendant, in a secret manner, maliciously committed an assault with a deadly weapon upon one J. C. Watson by waylaying and with intent to kill, such purpose being unknown to the prosecuting witness. This, under the statute, C. S., 4213, is denominated a felony. Watson was shot from ambush between ten and eleven o’clock on the night of 23 April, 1921, while traveling along a public highway in Watauga County. The evidence also supports the second count in the bill, charging an assault with a deadly weapon with intent…