HART v. HEATH

No. 45357.

222 So.2d 409 (1969)

Rebecca Hull HART v. Charles R. HEATH.

Supreme Court of Mississippi.

May 12, 1969.


Attorney(s) appearing for the Case

William Liston, Winona, for appellant.

John E. Shaw, Crawley, Brooks & Guyton, Kosciusko, for appellee.


RODGERS, Justice.

The instruction complained of by the appellant in this case is clearly erroneous, and would ordinarily be considered a reversible error. However, under the facts shown in the record in this case the testimony is so overwhelmingly in favor of the defendant, and the verdict of the jury, we are of the opinion that the judgment of the trial court should be affirmed. See Miss.Sup.Ct. Rule 11 (1967).

Affirmed.

GILLESPIE, P.J., and...

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