State v. . Johnson

On this appeal defendant presses for error the refusal of the court to grant his motion for judgment as of nonsuit entered at close of State’s evidence, and renewed at the close of all the evidence, pursuant to provisions of G. S., 15-173. These motions, being general, may not be sustained. Since the prosecution is upon an indictment charging an assault with intent to commit rape, which is a felony, G. S., 14-1, and G. S., 14-22, it is lawful for the jury to acquit of the felony and to find a verdict of guilty of an assault upon a female if the evidence warrants such a finding. G. S., 15-169.…