State v. Ferguson

The defendant assigns as error the failure of the court below to sustain his motion for judgment as of nonsuit made at the close of all the evidence as to the felony count in the bill of indictment.

The defendant does not contend that the evidence is insufficient to support a verdict of guilty of assault with a deadly weapon. However, he does contend that the evidence is insufficient to warrant its submission to the jury on the felony count in the bill of indictment.

The indictment was drawn under G.S. 14-32, which reads as follows: “Any person who assaults another with a deadly weapon with…