State v. . Grimes

The question for decision is whether the record supports the judgment.

The warrant, as originally drawn, charges an assault on a female, and no more. There is no allegation that a deadly weapon was used or that any serious damage was done. Nor was it alleged that the defendant is a “man or boy over eighteen years old.” G. S., 14-33. It is this warrant to which the verdict speaks. The subsequent amendment relating to the age of the defendant' was not before the jury, and the verdict. is silent on the subject of the amendment. Just the reverse was true in S. v. Lewis, 224 N. C., 774, 32 S. E.…