State v. Parler

Fishburne, Justice.

Under an indictment charging him with assault and battery with intent to kill and murder one, Clarence Felder, with a deadly weapon on January 1, 1949, the appellant was put upon trial in the Orangeburg County Criminal Court, and by verdict of the jury was found guilty of assault and battery of a high and aggravated nature. He was sentenced to serve two years upon the public works of Orangeburg County or a like period in the State Penitentiary.

At the close of the testimony offered by the State, the appellant moved for the direction of a verdict on the ground that the only…