State v. Eye

*70The opinion of the court was delivered by

Hoch, J.:

Appellant was tried on a charge of assault with intent to kill, and was convicted of the lesser offense of “endangering the life” of the person assaulted. (G. S. 1935, 21-435.)

The errors alleged may be summarized as follows: (1) The trial court erred in permitting the information to be amended after the jury was impaneled; (2) there was no evidence to show felonious intent on the part of the defendant; (3) the court should have taken the case from the jury and appointed a commission to test the mental competency of the defendant. Some…