Carawan v. Tate

*164WEBB, Judge.

We consider first the defendants’ appeal. The defendants assign error to testimony by the plaintiff and a police officer that Mr. Tate was convicted in district court of assaulting the plaintiff, Mr. Tate having pled not guilty to the criminal charge. We believe this assignment of error has merit. In this jurisdiction evidence of a person’s conviction in a criminal prosecution for the very act which constitutes the basis of liability in a civil action for damages is not admissible in the civil action. Tidwell v. Booker, 290 N.C. 98, 225 S.E. 2d 816 (1976); Beanblossom v. Thomas,…