State v. Ham

The defendants assign as error the refusal of the court below to sustain their demurrer to the evidence under G.S. 15-173. However, the assignment is abandoned as to all the defendants other than Leonard Teaster. They, no doubt, upon reflection, perceived that the evidence, considered in the light most favorable to the State, tends to show that they, acting in concert, made an assault with deadly weapons upon the deceased and her companions, and that in the course of the assault the deceased was killed. Their own testimony tends to show there was a “free-for-all” affray during which Mrs.…