Herring v. McClain

All of the assignments of error brought forward and argued in appellant’s brief relate to the trial judge’s charge to the jury. Appellant contends that the court erred in certain instructions which it gave and also erred in failing to give certain instructions.

It is now the settled rule of appellate courts that verdicts and judgments will not be set aside for harmless error or for mere error and no more. To accomplish this result it must be made to appear not only that the ruling complained of was erroneous but that it was material and prejudicial, amounting to a denial of some sub*362stantial…