State v. Allen

The defendant presents for decision one question: did the trial court commit error in denying his motion for judgment of nonsuit made at the close of the State’s evidence?

The warrant charges an assault, not an assault and battery.

In S. v. McIver, 231 N.C. 313, 56 S.E. 2d 604, the facts were as follows: On 7 January about 7:00 a.m. Mrs. Helen Outlaw was walking to work on Russell Street in the city of Fayetteville. Near the railroad crossing she met the defendant, who said to her, “you are looking pretty this morning.” On Thursday on her way to work she met him again. It had been raining and…