State v. Silver

• Decision Date: 16 April 1947
• Docket Number: 434
• Citation: 42 S.E.2d 208,227 N.C. 352
• Parties: STATE v. SILVER
• Court: North Carolina Supreme Court

42 S.E.2d 208

227 N.C. 352

STATE v. SILVER

No. 434

Supreme Court of North Carolina

April 16, 1947

Criminal prosecution tried upon a warrant charging defendant with an assault upon a female.

There was a verdict of guilty and from the judgment pronounced thereon, the defendant appealed to the Supreme Court, assigning error.

Harry M. McMullan, Atty. Gen., and T. W. Bruton, Hughes J. Rhodes, and Ralph M. Moody, Asst. Attys. Gen., for the State.

Yarborough & Yarborough, of Louisburg, for defendant.

PER CURIAM.

This appeal is based upon the refusal of the Court below to grant the defendant's motion for judgment as of nonsuit. The correctness of the ruling on the motion depends upon whether the defendant committed an assault upon the prosecutrix by asking her an improper question, unaccompanied by a show of violence, threats or any display of force. We think the evidence disclosed on the record is insufficient to sustain the verdict. The defendant's motion should have been granted.

Reversed.