State v. Bass

Defendant assigns as error the refusal of the court to grant his motion for nonsuit made at the close of the evidence. Defendant insists that there are at least three phases and circumstances of the case which make nonsuit mandatory, and that either of these is sufficient for dismissal.(1) It is contended that Rogers consented to the maiming and that because of this consent the act of James Bryson in cutting off Rogers’ fingers is not a violation of G.S. 14-29 upon which the indictment is based. Defendant argues that at common law mayhem, in cutting off fingers or other members of the body,…