(Filed 28 November, 1956.)
Appeal by defendant Oscar Holder from Gwyn, J., at 6 February, 1956, Criminal Term of GuilfoRD.
*105Criminal prosecution upon bill of indictment No. 4140 charging defendants Oscar Holder and Roxie Holder, alias Roxie Cumbee, with felonious assault upon one E. H. Hennis, with a deadly weapon, to wit, a certain rock, with intent to kill, inflicting serious injury, not resulting in death, consolidated for trial with other bills of indictment, including No. 4139 charging E. H. Hennis with assault upon Oscar Holder with a deadly weapon.
Upon trial in Superior Court the case was submitted to the jury upon evidence offered, and under the charge of the court.
Verdict in No. 4140: Both defendants are guilty of assault with deadly weapon.
Judgment: As to defendant Roxie Holder, alias Roxie Cumbee, prayer for judgment continued; and as to defendant Oscar Holder, judgment is that he be confined in common jail of Guilford County for the term of twelve (12) months, to be assigned to work under supervision of the State Highway and Public Works Commission.
Defendant Oscar Holder appeals therefrom to Supreme Court and assigns error.
Attorney-General Patton and Assistant Attorney-General Love for the State.
Adam Younce and T. Glenn Henderson for Defendant Appellant.
PeR Cubiam.
The evidence offered upon the trial below taken in the light most favorable to the State, is abundantly sufficient to take the casé to the jury, and to support the verdict returned by the jury, on which judgment rests.
And upon consideration of all exceptions taken in the course of the trial, and to the charge of the court, as a whole, prejudicial error is not made to appear. Hence in the judgment from which appeal is taken there is
No error.
JohnsoN, J., not sitting.