Clay v. Garner

CAMPBELL, Judge.

This appeal presents two questions; the first being whether error was committed in failing to set aside the verdict on the second issue as being against the greater weight of the evidence. Basically, this assignment of error raises the point as to whether the evidence, taken in the light most favorable to the defendant on whom the burden of proof rested on the second issue, was sufficient to go to the jury. We think it was, and this assignment of error is denied.

The second question presented is whether the trial judge committed prejudicial error in the charge to the jury.

The…