State v. . Gay

'W'iNBORNiD, J.

At the close of the State’s evidence ¿and again at the close of all the evidence defendant demurred thereto and moved for judgment of dismissal or nonsuit, G. S., 15-173, and for a directed verdict. Defendant, having reserved exceptions to the rulings of the court in denying these motions, stresses for error the refusal of the court to direct the jury that there is not sufficient evidence to convict defendant of the offense laid in the bill of indictment, and to limit the verdict to an assault. G. S., 15-169, formerly C. S., 4639.

The statute, G. S., 15-169, provides that on the…