State v. Gammons

At the close o,f the State’s evidence and again at the conclusion of all the evidence, defendant -moved for judgment oí non-suit as -to the felony charged and that the case be submitted to the jury .only 'a® to- the -offense -of assault on a female.

There was a prior appeal in -this case- at the Fall Term 1962. State v. Gammons, 258 N.C. 522, 128 S.E. 2d 860. At the trial from -which that appeal .arose, defendant failed to renew his motion for nonsuit .at -the .close -of all the evidence, -and the appeal did not present -the question of nonsuit. We now ‘consider it for the first time.

Prosecutri…