Thomas v. . Hipp

The appellant excepts and assigns as error the following portion of his Honor’s charge: “The law says that when you have weighed all of the testimony and evidence in this case in the scales of justice, Thomas’ contentions, evidence and. testimony upon the one side and Hipp’s contentions, evidence and testimony on the other, if the scales shall be tilted downward in favor of Thomas upon the first issue, then it would be your duty to answer the issue either the first line or the second line, as you may find the facts in that degree to indicate.”

We think the exception well taken, since there was…