Tbat tbe defendant intentionally shot tbe deceased with a pistol, wounding him in tbe thigh, was not controverted. Tbe defendant pleaded self-defense and offered evidence tending to support bis plea. However, tbe jury has accepted tbe State’s view of tbe transaction and *479has convicted the defendant of unlawfully assaulting the State’s witness with a deadly weapon.
The defendant assigns error in the ruling of the court as to the introduction of certain testimony, and in the charge to the jury. We have examined each of the exceptions noted and find them without substantial merit. Since there was no evidence of simple assault, the court properly charged the jury they could return one of two verdicts, either guilty of assault with deadly weapon or not guilty. S. v. Smith, 201 N. C., 494, 160 S. E., 577; S. v. Gregory, 223 N. C., 415, 27 S. E. (2d), 140.
The evidence was sufficient to carry the case to the jury, and we perceive no ruling on the part of the trial judge which would warrant a new trial. The verdict and judgment will be upheld.
No error.