Opinion
Filed 2 December, 1964.
APPEAL by defendant from Johnson, J., August Regular Mixed Session 1964 of BLADEN.
Attorney General Bruton, Asst. Attorney General Richard T. Sanders for the State.
Holland Faircloth; Nance, Barrington, Collier Singleton for defendant.
The defendant was tried upon a bill of indictment charging that he unlawfully, wilfully and feloniously did commit the abominable and detestable crime against nature with a thirteen-year-old boy (naming him), against the form of the statute, et cetera. The jury returned a verdict of guilty of an attempt to commit a crime against nature.
The defendant was sentenced to not less than three nor more than five years in the State's prison. He appeals, assigning error.
The State's evidence was sufficient to carry the case to the jury and to support the verdict rendered. No error sufficiently prejudicial to justify a new trial has been shown. We deem it inappropriate to include herein a recital of the sordid evidence revealed by the record. The verdict and judgment are upheld on authority of S. v. Spivey, 213 N.C. 45, 195 S.E. 1.
No error.