Arnold v. State Bank & Trust Co.

The first question presented by defendant: “Was the court in error in not defining ‘greater weight’ or ‘preponderance of the evidence’?” We think not.

The burden of proof is a substantial right. Fisher v. Jackson, 216 N. C., 302 (304).

In Wilson v. Casualty Co., 210 N. C., 585 (590), it is written: “The defendant contended that in the first two above excerpts from the charge it was the duty of the court below in the charge to 'the jury to have defined what constituted the greater weight of the evidence, and in failing to do so the court committed error. C. S., 564. We cannot so hold. The burden…