Hoy v. State

George P. Hoy, who was convicted of an assault and battery in the district court for Cuming county, seeks by. this proceeding a reversal of the sentence. . '

The assignments of error which call in question the action of the trial court in appointing Mr. Valentine to conduct the prosecution, on the assumption that the county attorney and his deputies were under disability, can not be sustained. The court acted upon evidence and', the evidence not having been preserved in the bill of exceptions, the presumption will be indulged that the action ivas right and proper. Madsden v. Norfolk Mill Co.,…