State v. Gooding, (No. 163.)
| Decision Date | 06 March 1929 |
| Docket Number | (No. 163.) |
| Citation | 146 S.E. 806,196 N.C. 710 |
| Court | North Carolina Supreme Court |
| Parties | STATE . v. GOODING. |
[Ed. Note.—For other definitions, see Words and Phrases, First, Second, and Third Series, Battery.]
Appeal from Superior Court, Jones County; Romulus A. Nunn, Judge.
John Gooding was convicted of assault and battery, and he appeals. No error.
The defendant, was indicted for an assault and battery on one Callie Lee Hill, a female. There was a verdict of guilty rendered by the jury, and the defendant was sentenced to be confined in the common jail for 18 months and assigned to work the roads of Lenoir county. Punishment prescribed in C. S. § 4215. The defendant made the exceptions and assignments of error which will be considered in the opinion, and appealed to the Supreme Court.
Shaw & Jones, of Kinston, for appellant.
D. G. Brummitt, Atty. Gen., and Frank Nash, Asst. Atty. Gen., for the State.
The defendant at the close of the state's evidence and at the close of all the evidence made a motion for judgment of nonsuit. C. S. § 4643. This motion cannot be sustained.
The prosecutrix testified:
The charge is not set out in the record; the presumption is that the court below correctly instructed the jury the law as to what constituted assault and battery and applied the law to the facts.
Any unlawful beating or other wrongful physical violence or constraint inflicted on a human being without his or her consent is a battery. The evidence was sufficient to be submitted to the jury; the probative force was for them.
The following question was asked the prosecuting witness, to which exception and assignment of error was duly made:
We could not say that the question was objectionable, but the...
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