State v. . Moore

The defendant moved for judgment as of nonsuit at the close of the State’s evidence, on the ground that the evidence is insufficient to convict the defendant of an assault with intent to commit rape. The motion was overruled, but renewed at the close of all the evidence and again denied. From this ruling, the defendant appeals and assigns error.

The appellant is relying on S. v. Massey, 86 N. C., 658; S. v. Jeffreys, 117 N. C., 743, 23 S. E., 175; S. v. Smith, 136 N. C., 684, 49 S. E., 336; S. v. Hill, 181 N. C., 558, 107 S. E., 140, and S. v. Gay, 224 N. C., 141, 29 S. E. (2d), 458.

In the…