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GILLIKIN v. BELL

No. 98.

118 S.E.2d 609 (1961)

254 N.C. 244

C. T. GILLIKIN, Administrator of Louie Elmer Gillikin, Deceased, and Next of Kin to Louie Elmer Gillikin, Deceased, v. Gene BELL.

Supreme Court of North Carolina.

March 8, 1961.

Attorney(s) appearing for the Case

Charles L. Abernethy, Jr., New Bern, for plaintiff-appellant.

Claud R. Wheatly, Jr., and Thomas S. Bennett, Beaufort, for defendant-appellee.

RODMAN, Justice.

If, as alleged, defendant with the intent to prevent plaintiff from recovering damages for the wrongful death of his intestate, took pictures falsely depicting conditions at the wreck and knowingly used or permitted the use of such pictures in the trial of plaintiff's action, he would be guilty of perjury or subornation of perjury. This conduct would support criminal prosecution but would not create civil liability. Gillikin v. Springle, N.C.,

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