#### STATE v. JOHNNY SMITH.

(Filed 2 November, 1960.)

Appeal by defendant from Huskins, J., May-June Criminal Term, 1960, pf .Caldwell.

Criminal prosecution on warrant charging that defendant on. April 9, 1960, in Lenoir Township, unlawfully, wilfully andi maliciously damaged a store building belonging to Nellie Small by firing a gun into said building, thereby breaking out window glass and damaging the ceiling and walls, a violation of G.S. 14-127.

Upon trial de novo in superior court, on appeal by defendant from conviction and judgment in the Recorder’s Court of Caldwell County, the jury returned a verdict of guilty as charged, in the warrant. Judgment, imposing a prison sentence, was pronounced. Defendant excepted and appealed. ■

*290 .Attorney General Bruton and Assistant Attorney General Boun-tre.e for the State.

i:-Fate.J. Beal for defendant, appellant.

Per Curiam.

Defendant’s motion for judgment of nonsuit was properly overruled. The only evidence was that offered by the State. It was sufficient, if accepted by the jury, to support findings as to all. essential matters alleged in the warrant. Assignments of error relating to rulings on evidence and portions of the charge do not disclose prejudicial error. Discussion of these assignments in detail is dpemed unnecessary. The verdict and judgment will not be disturbed.

No error.