State v. Holland

The exceptions brought forward by the defendant test only the sufficiency of the evidence to carry the two consolidated cases to tbe jury over the defendant’s motions for judgment of nonsuit, made in apt time under the provisions of G.S. 15-173.

1. The felonious assault case. — The evidence bearing upon this case discloses that in September, 1950, William Penley, the prosecuting witness, age 22, was living in Hickory, North Carolina, and driving a taxicab. On Saturday night, 23 September, 1950, between eight and nine o’clock, Penley picked up the defendant at Hutto’s Grocery, just outside of…