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BELK v. BOYCE

No. 176.

138 S.E.2d 789 (1964)

263 N.C. 24

Harry W. BELK v. O. Douglas BOYCE.

Supreme Court of North Carolina.

November 25, 1964.

Attorney(s) appearing for the Case

Daniel J. Walton, Gastonia, for plaintiff.

Hollowell & Stott, Gastonia, for defendant.

MOORE, Justice.

Appellant's main attack is upon certain portions of the charge. Attention is particularly focused on the judge's final instruction on the first issue, as follows:

"* * * if the plaintiff * * * has satisfied the jury from the evidence and by its greater weight that the defendant * * * at the time and place in question shot the plaintiff and that at the time the defendant knew or had reasonable grounds...

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