
    STATE v. RICHARD HORTON.
    (Filed 19 March, 1947.)
    Appeal by defendant from Pittman, J., at December Term, 1946, of Wilices.
    Criminal prosecution on indictment charging the defendant with the murder of one Francis Baker.
    Verdict: “Guilty of murder in the first degree.”
    Judgment: Death by asphyxiation.
    The defendant appeals, assigning errors.
    
      Attorney-General McMullan and Assistant Attorneys-General Bruton, Rhodes, and Moody for the State.
    
    
      P. J. McDuffie for the defendant.
    
   Stacy, C. J.

The deceased was a taxi-driver. On the night of 26 October, 1946, he was engaged by the defendant to drive him from North Wilkesboro to Miller’s Creek, a distance of about fifteen miles. While on this trip, the defendant slew the deceased, took his car and drove it to Portsmouth, Ohio, where he was apprehended. The defendant, in a signed confession, admitted that he shot the deceased and took his automobile. He interposed the defense of mental irresponsibility. The jury has resolved this against him.

A careful perusal of the record fails to disclose any valid exceptive assignment of error. The verdict and judgment will be upheld.

No error.  