Supreme Court of North Carolina June 6, 1945 (State v. Sutton)

Schenck, J.

This case presented a clear-cut question of fact for the jury’s decision, namely, was the defendant in or near Wilmington between 3 and 5 o’clock on the afternoon of 1 August, 1944, and did he commit an assault upon the prosecuting witness at that time? This question, by their verdict, was answered by the jury in the affirmative.