Cross v. Beckwith

SHARP, Chief Justice.

Plaintiffs appeal presents only the question whether the Court of Appeals erred in holding that the trial judge, in his charge to the jury, misstated the evidence on a material fact to the prejudice of defendant.

The challenged instruction is contained within the bracketed portion of the charge set out below:

“Now, there is evidence in this case, ladies and gentlemen, that in substance tends to show — what the evidence does show is for you to say always —but in substance the evidence tends to show that on the 6th of June, 1966, Mr. Beckwith came to the home of the Crosses…