STATE v. BRITT

No. 671.

154 S.E.2d 519 (1967)

270 N.C. 416

STATE v. Jerry Wynn BRITT.

Supreme Court of North Carolina.

May 24, 1967.


Attorney(s) appearing for the Case

Nance, Barrington, Collier & Singleton, by Carl A. Barrington, Jr., Fayetteville, for defendant appellant.

T. W. Bruton, Atty. Gen., Millard R. Rich, Jr., Asst. Atty. Gen., for the State.


PLESS, Justice.

The defendant devotes a substantial portion of his brief to the exceptions taken because the Court denied his motion for judgment as of nonsuit at the close of the plaintiff's evidence and at the end of all the evidence. Whether there was sufficient evidence to sustain a verdict of guilty of an assault with the intent to commit rape is not now relevant, since the defendant was convicted only of a misdemeanor: an assault on a female, he being a male...

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