Sykes v. Floyd

HILL, Judge.

By his first assignment of error, defendant contends the court erred in failing to instruct the jury that certain photographs admitted as plaintiffs exhibits were admitted for illustrative purposes only and were not substantive evidence. Clearly such photographs are not admissible as substantive evidence, 1 Stansbury’s N.C. Evidence § 34 (Brandis rev. 1973), but they are admissible for the purpose of illustrating testimony and were so used by the plaintiff here. But in the absence of a timely request, failure to instruct that photographs are admitted for illustrative purposes only…