We are bere confronted with questions of venue, evidence, expression of opinion; and instructions to the jury.
When the case was called for trial the solicitor announced that be would not prosecute on tbe capital charge, but would seek a verdict of murder in the second degree or manslaughter as the evidence might disclose.
Before pleading to the indictment, the defendant moved for a continuance, and then for a change of venue or for a jury from another county to try the case. Exception was duly entered to the denial of each motion. As these motions were addressed to the sound discretion of the trial court, and no abuse of discretion is suggested — indeed expressly disavowed — the rulings thereon must be upheld. This will be done pro forma. S. v. Lea, 203 N. C., 13, 164 S. E., 737; S. v. Godwin, 216 N. C., 49, 3 S. E. (2d), 347.
The exceptions to the admission and exclusion of evidence are too attenuate to warrant discussion. They present no new question of law or one not heretofore settled by the decisions. There was no inhibited expression of opinion by the court in ruling on excluded testimony. Even if evidence of the violent character of Bo Spillman, when under the influence of an intoxicant, was inadvertently excluded, because, up to that time, as stated by the court in announcing his ruling, “there was no evidence of self-defense/’ it is not perceived that any harmful effect resulted from the remark. In the first place, it was true at the time; and, secondly, the witness was later allowed to answer the question. S. v. Cash, 219 N. C., 818, 15 S. E. (2d), 277.
The defendant relies principally upon his challenge to the sufficiency of the evidence to sustain a conviction. Dr. Kavanaugh, who attended the deceased from shortly after the shooting until his death, gave it as his opinion “that he died as a result of a bullet wound, injuring the spinal cord, causing paralysis, general decline and malnutrition until his death.” The inference seems permissible, therefore, that the deceased died as a result of a bullet from the defendant’s rifle intentionally fired by him. This made it a matter for the twelve. S. v. Childress, ante, 208; S. v. Hambright, 111 N. C., 707, 16 S. E., 411; S. v. Everett, 194 N. C., 442, 140 S. E., 22. The jury rejected the defendant’s plea of self-defense, which was mildly supported by the defendant and strongly contradicted by the prosecution. S. v. Grass, 223 N. C., 31, 25 S. E. (2d), 193.
Numerous exceptions are taken to the charge, but a careful perusal of it in its entirety leaves us with the impression that it substantially declares and explains the law arising upon the evidence and that no reversible error has been pointed out. It would only be “threshing over *618old straw” to consider the exceptions seriatim. However, none bas been overlooked; they have all been considered.
The verdict and judgment will be upheld.
No error.