State v. Early

'WiNBORNE, J.

The evidence shown in the record on this appeal, when considered in the light most favorable to the State, is sufficient to take the case to the jury. Hence the assignments of error based on exceptions to the denial of defendant’s motions, aptly made, for judgment as of nonsuit are not sustained.

But the exception upon which assignment of error No. 28 is based is well taken. It has its setting in this portion of the charge of the trial court to the jury: “Now, the defendant interposes the plea of an accident. The court will give you the legal definitions of an accident which would…