(805) The defendant Amis pleaded guilty, and upon the trial of defendant Glenn, L. W. Barnes, a witness for the State, testified that defendant Glenn was on the street in the town of Henderson, walking up and down, cursing and swearing that he was six steps and could whip any man; that the defendant Amis was a few feet away, near a post; that defendant Glenn walked up to defendant Amis and struck him with his fist in the face and knocked his head against the near-by post, the lick sounding loud enough to be plainly heard across the street by witness; that defendant Amis struck Glenn with a pair of iron pliers; that defendant Glenn then put his hand in his pocket as if to draw a knife, and defendant Amis caught him by the arms and prevented him from getting his hand out; that defendant Glenn got away and jumped on a box and said he was an officer and commanded the peace. Other witnesses for the State testified to the same.
Defendant Glenn testified in his own behalf; admitted he struck the defendant Amis, but said he was not mad with Amis at the time, and that Amis struck him with the pair of iron pliers.
There was no evidence that Glenn had any weapon.
There was a verdict of guilty. Motion for new trial because verdict was contrary to evidence and because no deadly weapon was used, etc. Motion overruled. Judgment that the defendant be confined in common jail of Vance County for thirty days. Defendant Glenn appealed.
Glenn and Amis were indicted for an affray and mutually assaulting and beating each other with a deadly weapon. *Page 503
Amis pleaded guilty and Glenn was convicted. He appealed on (806) the ground that no deadly weapon was used, and that the verdict was contrary to the evidence. We have found no authority to support his position. S. v. Allen,
AFFIRMED.