#### STATE v. FRANK BALLARD.

(Filed 22 March, 1944.)

Appeal by defendant from Williams, J., at November Term, 1943, of HAENETT.

Criminal prosecution tried upon indictment charging the defendant of assault with intent to commit rape.

Verdict: Guilty. Judgment: Imprisonment in the State’s Prison for a term of not less than ten or more than fifteen years.

Defendant appeals, assigning error.

Attorney-General McMullan and Assistant Attorneys-General Patton and Rhodes for the State.

Neill McK. Salmon for defendant.

Pee Cueiam.

After a careful consideration of defendant’s exceptive assignments of error, we are of opinion they are without sufficient merit to disturb the verdict below.

In the trial below, we find

No error.