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MOORE v. YOUNG

No. 539.

133 S.E.2d 510 (1963)

260 N.C. 654

Melvin E. MOORE v. James William YOUNG.

Supreme Court of North Carolina.

December 11, 1963.

Attorney(s) appearing for the Case

Smith, Leach, Anderson & Dorsett and C. K. Brown, Jr., Raleigh, for plaintiff appellee.

J. R. Barefoot and C. C. Canaday, Jr., Benson, for defendant appellant.

BOBBITT, Justice.

In Durham Bank & Trust Co. v. Pollard, 256 N.C. 77, 123 S.E.2d 104, an action for wrongful death, the plaintiffs alleged that, in a criminal prosecution for the murder of their intestate, the defendant was convicted of the crime of manslaughter. This Court held the defendant's motion to strike these allegations should have been allowed because evidence in support thereof would...

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