#### STATE v. W. W. CAMPBELL.

(Filed 20 December, 1922.)

1. Homicide — Defense—Insanity—Appeal and Error.

Upon this trial for homicide: Held, the verdict of the jury finding adversely to the defendant’s plea of insanity will not be disturbed, on appeal. 8. v. Terry, 173 N. O., 761.

2. Appeal and Error — Assignments of Error — Rules of Court.

Assignments of error should be incorporated in the case on appeal, to be considered. Rule 19 (2), 174 N. C., 832.

Appeal by defendant from Lane, J., at the July Term, 1922, of BuNcombe.

Criminal prosecution, charging the defendant with the crime of murder in the first degree.

From an adverse verdict and sentence of death, the defendant appealed.

Attorney-General Manning and Assistant Attorney-General Nash for the State.

Wright & Gra-ig and G. Spears Reynolds for defendant.

Stacy, J.

In the spring of 1922, the defendant was chief orderly and chief of police at the Government Hospital, Oteen, near Asheville, N. 0. Mrs. Annie Smathers, a young widow, was one of the telephone operators at Oteen. There is evidence tending to show that Campbell, the defendant, was courting Mrs. Smathers, with a view to marriage. On the morning of the homicide, he stated to the witness, T. R. Parker : “I want to see her one more time and ask her to marry me. If she don’t, she can’t marry any other man.”

In the afternoon of 6 May, 1922, the deceased, Mrs. Smathers, was riding with the defendant in his automobile on the Fairview road, near the village of Fairview, in Buncombe County, when she was seen to *766jump from the moving car and run across tbe road as if sbe were trying to get away from tbe defendant. Tbe defendant stopped bis car, jumped out himself; pursued tbe deceased, wbo was running rapidly, for twtelve or fifteen yards, and tben opened fire upon ber witb bis pistol.. When sbe fell, be deliberately stood over ber prostrate body and fired two or three bullets into ber bead. Any one of at least three of tbe shots would have been fatal.

On trial, tbe defendant set up a plea of insanity; but this was not established to tbe satisfaction of the jury. S. v. Terry, 173 N. C., 761.

There are no assignments of error incorporated in tbe statement of case on appeal (174 N. C., 832, Eule 19 (2) ; but, on account of tbe gravity of tbe offense, we have examined all of tbe exceptions witb care, and find them to be without sufficient merit to warrant a reversal or an order for a new trial.

Tbe record presents no error in law, and we must affirm tbe judgment.

No error.