State v. . Perry

Criminal prosecution, tried upon indictment charging several defendants with an assault with deadly weapons upon one Henry Eatman, with intent to kill, resulting in serious bodily harm.

At the close of the State's evidence, motion to dismiss as of nonsuit was allowed as to all the defendants except Phelon Perry and Modis Perry.

The evidence for the State tends to show that the prosecuting witness owns and operates a store and filling station near Bailey, in Nash County, North Carolina. On 19 May, 1945, the defendant Phelon Perry, accompanied by Bryce Eatman, went to this store and stayed about…