#### STATE v. NATHAN CURLING.

(Filed 19 September, 1945.)

Appeal by defendant from Burney, J., at July Term, 1945, of WASHINGTON.

The defendant was tried and convicted upon a bill of indictment charging him with an assault with intent to commit rape, and from judgment of imprisonment, predicated on the verdict, appealed to the Supreme Court, assigning error.

Attorney-General McMullan and Assistant Attorneys-General Rhodes, Moody, and Tuclcer for the State.

W. L. Whitley for the defendant.

Per Curiam.

The exceptions most stressfully argued on this appeal by the appellant, both orally and by brief, are the ones which relate to the court’s refusal to grant the defendant’s motion to dismiss the action or for judgment of nonsuit duly lodged when the State had produced its evidence and rested its case and renewed after all the evidence was concluded, G. S., 15-173.

The defendant’s appeal is virtually from the finding of the jury. We have carefully examined the record and are of the opinion that there is sufficient competent evidence to sustain the allegations of the indictment.

*770We have also considered all tbe exceptions set out in tbe appellant’s brief and are of tbe opinion tbat no error prejudicial to tbe defendant was committed either in tbe ruling of tbe court upon tbe admission or exclusion of evidence, or in tbe charge to tbe jury.

Since no new questions are presented on this appeal, it is not deemed necessary or expedient to discuss tbe exceptions set out in detail.

In tbe trial before tbe Superior Court we find

No error.