The defendants, in the court below, made motions to dismiss the action or for judgment as of nonsuit, at the close of the State’s evidence and at the close of all the evidence. C. S., 4643. The court below overruled these motions, and in this we can see no error.
“On motion to dismiss or judgment of nonsuit, the evidence is to be taken in the light most favorable to the State, and it is entitled to the benefit of every reasonable intendment upon the evidence and every reasonable inference to be drawn therefrom. 'An exception to a motion to dismiss in a criminal action taken after the close of the State’s evidence, and renewed by defendant after the introduction of his own evidence does not confine the appeal to the State’s evidence alone, and a conviction will be sustained under the second exception if there is any evidence on the whole record of the defendant’s guilt.’ S. v. Earp, 196 *757N. C., 164, 166. Bee S. v. Carlson, 171 N. C., 818; S. v. Sigmon, 190 N. C., 684. Tbe evidence favorable alone to the State is considered— defendant’s evidence isdiscarded. S. v. Utley, 126 N. C., 991. The competency, admissibility, the weight, effect and credibility is for the jury. S. v. Utley, supra; S. v. Blackwelder, 182 N. C., 899.” S. v. Lawrence, 196 N. C., 562, 564.
The first count in the bill charges a violation of C. S., 4210, which is as follows: “If any person, of malice aforethought, shall unlawfully castrate any other person, or cut off, maim or disfigure any of the privy members of any person, with intent to murder, maim, disfigure, disable, or render impotent such person, the person so offending shall suffer imprisonment in the State’s prison for not less than five nor more than sixty years.”
As to defendant Jack H. Ammons, the evidence of the prosecuting witness, Johnnie Hart, is direct that there were two and that he was one of them that perpetrated the crime.
As to the defendant Marion (alias Arthur) Ammons, he admitted that he “came to Jack Ammons’ house that morning about 7 :00 o’clock and he had been with Jack until they came to Jack’s house after this happened over there.” The evidence was also to the effect that Jack Ammons at the time of his arrest had two knives on his person — one of which contained a dark stain on the blade. One of the knives Arthur Ammons had given Jack Ammons. There was other circumstantial evidence. ¥e think the evidence sufficient to be submitted to the jury, the probative force was for them to determine.
The record discloses: “The defendants, Walter Yarborough, Sam Todd and A. D. Cordell, rest and renew their motion for judgment as of nonsuit. The court intimated that it would sustain the said defendants’ motion for judgment of nonsuit, whereupon, the solicitor for the State requested the court to declare a mistrial as to the three said defendants. The mistrial was ordered, and the solicitor for the State announced that he would take a nol. pros, with leave as to the defendants, Walter Yarborough, Sam Todd and A. D. Cordell. All of this procedure took place in the presence of the jury. The defendants, Jack Ammons and Marion Ammons objected — objection was overruled, and the defendants, each of them, excepted. To the ordering of a mistrial as to the three defendants tried jointly with the two defendants herein appealing, without declaring a mistrial as to all of the defendants, the defendants, Jack Ammons and Marion Ammons, objected — the objection was overruled and the said defendants excepted. The said Jack Am-mons and Marion Ammons then moved the court to order a mistrial as to their cases. The motion was overruled and the said defendants
*758excepted.” We think these exceptions and assignments of error cannot be sustained. It will be noted that the defendants Yarborough, Todd and Cordell took no exception to this procedure. The effect of the order made by the judge as to Todd, Cordell and Yarborough was simply that of a nol. pros, which could be taken at any time, and the defendants, Jack and Marion Ammons were not prejudiced by it. - The record does not disclose that there was any order withdrawing a juror. Nobody could complain of the manner in which this was handled except the defendants, Yarborough, Todd and Cordell, and they acquiesced. So far as these appealing defendants are concerned, the trial was not legally disturbed or interrupted. See S. v. Ellis, 200 N. C., 77.
The defendants excepted and assigned error that the court below did not define “reasonable doubt to the jury.” This cannot be sustained.
In S. v. Johnson, 193 N. C., 701, at p. 704, we find: “The cases last cited are also decisive authority for overruling the prisoner’s exception to the instruction on the question of reasonable doubt. The instruction did not attempt a definition of the term, and this the prisoner assigns for error, although he made no request and tendered no prayer for a particular formula or a more comprehensive definition. S. v. Lane, 166 N. C., 333.”
We see no prejudicial error in the exclusion of the testimony of Dr. Geo. Floyd Ross, as to what disease or illness Jack Ammons was suffering with. The record discloses: “The court: I let him state whether or not he is a strong man or a weak man physically. Witness: Jack Ammons is in a very weakened physical condition.” Defendants, when they became witnesses and testified, were as other witnesses, and subject to the same rules.
We have examined the record and charge of the court below with care and we can see no prejudicial or reversible error. The charge of the able and learned judge covered some 14 pages. The crime was defined, the burden of proof as to reasonable doubt was placed on the State, covering every ingredient of the crime and was fully explained to the jury. The definition of “aider and abetter” was properly defined. The jury could find one or both guilty or not guilty. “If you find Jack Ammons not guilty then it follows as a matter of course that you will find the defendant Marion Ammons not guilty.” The law applicable to the facts was fully set forth and the contentions of the State and defendants fairly given. In law w.e find
No error.