Hussey v. Cheek

CLARK, Judge.

The issue presented is whether collateral estoppel may be applied to the issue of self-defense in a civil assault case when the defendant has previously been acquitted of a criminal assault arising out of the same occurrence.

In a recent decision, Tidwell v. Booker, 290 N.C. 98, 225 S.E. 2d 816 (1976), (three judges dissenting), rev’g 27 N.C. App. 435, 219 S.E. 2d 648 (1975), the Supreme Court of North Carolina held that in a civil proceeding by the mother to have the defendant declared the father of her illegitimate child and to require child support of defendant, the prior…