State v. Ringler

The opinion of the court was delivered hy

Wertz, J.:

Defendant was convicted by a jury of assault and battery (G. S. 1949, 21-436) and sentenced to pay a fine of $200 and costs. From an order overruling his motion for a new trial and the subsequent imposition of the sentence, defendant has appealed.

The complaint charged that on December 21, 1963, the defendant, Glenn Ringler, did unlawfully assault, beat and wound one Hubert Cooper. The pertinent facts follow.

During the fall of 1963 Hubert Cooper rented a dwelling from Glenn Ringler, defendant (appellant). On December 1, Cooper notified…