Herring v. Scott

CAMPBELL, Judge.

The defendant assigns as error the failure of the trial court to grant a mistrial rather than just striking the speed testimony of the plaintiff’s brother. Any error of the trial court was cured by the striking of the evidence and by the judge’s instruction that the jury should disregard that testimony. Wands v. Cauble, 270 N.C. 311, 154 S.E. 2d 425 (1967) ; Smith v. Perdue, 258 N.C. 686, 129 S.E. 2d 293 (1963). See also Stansbury’s North Carolina Evidence (Brandis Revision, 1973) § 28.

The defendant also assigns as error the failure of the trial court to strike the testimony…