#### STATE v. ORLIE KING.

(Filed 11 April, 1945.)

Appeal by defendant from Bobbitt, J., at September Term, 1944, of Randolph.

Defendant was tried on a bill of indictment charging an assault on one Clyde M. Stafford. There was a verdict of guilty. The court pronounced judgment upon the verdict and the defendant appealed.

*768 Attorney-General McMullan and Assistant Attorneys-General Rhodes and Moody for the State.

J. G. Prevette and P. T. Stiers for defendant, appellant.

Per Curiam.

Tbe only exceptive assignment of error is directed to tbe alleged error of tbe court below in overruling tbe motion of the defendant to dismiss under G. S., 15-173. A careful examination of tbe record leads us to tbe conclusion that there was sufficient evidence to be submitted to tbe jury. Tbe motion was properly overruled.

In tbe trial below we find

No error.