STATE v. GOODING

No. 367.

110 S.E.2d 865 (1959)

251 N.C. 175

STATE v. Woodrow GOODING and LeRoy Williamson.

Supreme Court of North Carolina.

November 4, 1959.


Attorney(s) appearing for the Case

W. M. Nicholson, James B. Ledford, Charlotte, James J. Randleman, Elkin, and L. Glen Ledford, Charlotte, for defendants, appellants.

Malcolm B. Seawell, Atty. Gen., and T. W. Bruton, Asst. Atty. Gen., for the State.


PER CURIAM.

Each warrant charges a criminal assault with a deadly weapon, specifying the weapon. The jury convicted each defendant of a simple assault, a less degree of the same crime. The evidence warranted such verdicts, and the jury was empowered by virtue of the provisions of G.S. § 15-170 to return such verdicts on warrants charging assault with a deadly weapon. State v. Anderson, 230 N.C. 54, 51 S.E.2d 895.

Defendants have one assignment of error...

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