State v. Burgess.

Tbe defendant was convicted of an assault with a deadly weapon, to wit, an automobile — “a large motor truck.”

The judgment of the court below is as follows: “It appearing to the court that a civil action is pending on account of the alleged assault, it is ordered that the judgment be continued upon payment of the costs.” Defendant excepts.

C. S., 4650, is as follows: “In all eases of conviction in the Superior Court for any criminal offense, the defendant shall have the right to appeal on giving adequate security to abide the sentence, judgment or decree of the Supreme Court, and the appeal…