State v. . Bost

STACY, C.J., dissenting; CLARKSON, J., concurring in the dissenting opinion. The evidence submitted to the jury upon the second trial of this action, had in consequence of the disposition of defendant's appeal from the judgment rendered at the first trial, in the Superior Court of Cabarrus County, to the Spring Term, 1925, of this Court, as reported in189 N.C. 639, was substantially the same as that upon the former trial. Assignments of error upon this appeal are based upon exceptions to instructions given by the court in the charge to the jury, and also upon exceptions to the failure of the…