State v. . Stansberry

The trial court evidently had more facts before it than appear in the agreed case on appeal. But we are bound by the record as it is sent up. S. v. Harbert, 185 N. C., 760, 118 S. E., 6.

Conceding that the evidence may be sufficient to carry the .case to the jury on the theory of an assault and battery (S. v. Hemphill, 162 N. C., 632, 78 S. E., 167), still we think the trial court erred in submitting it on the assumption that sufficient show of force or threat of violence had been offered by the defendant to put the prosecutrix in fear and thereby cause her to leave from where she was, or to…