On the authority of S. v. Grass, 223 N.C. 859, 27 S.E. 2d 443, and cases cited in that opinion, the judgment of the Superior Court of Lenoir County is
Affirmed.
State v. Mooring, 245 N.C. 698 (1957)
March 27, 1957
·
Supreme Court of North Carolina
245 N.C. 698
STATE v. BENNY MOORING.
(Filed 27 March, 1957.)
Criminal Law § 55—
Denial of motion in a criminal action for a new trial for attaint of jury and for newly discovered evidence, made at the next succeeding term of the Superior Court after affirmance of judgment of conviction by the Supreme Oourt, held properly denied on authority of N. v. Grass, 223 N.O. 859.
Appeal by defendant from Moore, J., January, 1957 Criminal Term, LeNOIR Superior Court.
Criminal prosecution upon a charge of felonious assault tried at the March Term, 1956, Lenoir Superior Court. From a verdict of guilty of assault with a deadly weapon and judgment thereon, the defendant appealed to this Court and the judgment was affirmed. S. v. Mooring, 244 N.C. 624, 94 S.E. 2d 573. At the next term of Lenoir Superior Court after the opinion was certified, the defendant lodged a motion for a new trial on two grounds: (1) That two jurors gave false and deceptive answers on their voir dire as to their qualifications; and (2) that the defendant could produce newly discovered and material evidence not available at the former trial. Judge Clifton L. Moore heard the motion, found that the jurors had truthfully answered questions, and that the newly discovered evidence was merely cumulative; and *699upon the findings denied the motion. The defendant excepted • and appealed.
George B. Patton, Attorney General, and T. W. Bruton, Assistant Attorney General, for the State.
White & Aycock for defendant, appellant.