State v. Clonch

Appellant presents for decision two assignments:

First, the one based upon exception to the refusal of the court to admit evidence relating to the issue of paternity. The exception is without merit! The judgment of the Recorder’s Court in this respect is res judicata. See S. v. Robinson, 236 N.C. 408, 72 S.E. 2d 857; also G.S. 49-7; S. v. Clement, 230 N.C. 614, 54 S.E. 2d 919.

And, second, the one based upon exception to the charge:

This exception is well taken. It would seem that the language used is too unequivocal. Ordinarily it is permissible for the court to charge that if the jury finds…