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STATE v. ROBERTS

No. 742.

155 S.E.2d 303 (1967)

270 N.C. 655

STATE of North Carolina v. James Clifford ROBERTS.

Supreme Court of North Carolina.

June 20, 1967.

Attorney(s) appearing for the Case

Atty. Gen. T. W. Bruton, Deputy Atty. Gen. Harrison Lewis, Asst. Atty. Gen. Henry T. Rosser, and Trial Atty. Robert Gold Webb, Wilson, for the State.

Alwood B. Warren, Durham, for defendant.

BRANCH, Justice.

Defendant contends the court erred in refusing to grant his motion for nonsuit as to assault on a female.

There is no statutory definition of assault in North Carolina, and the crime of assault is governed by common law rules. G.S. § 14-33 does not create a new offense as to assaults on a female, but only provides for different punishments for various types of assault. State v. Lefler, 202 N.C. 700, 163 S.E. 873; State v. Jones,

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