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BANKS v. BANKS

No. 701DC171.

173 S.E.2d 631 (1970)

8 N.C. App. 69

William Henry BANKS v. Maude Owens BANKS.

Court of Appeals of North Carolina.

May 6, 1970.

Attorney(s) appearing for the Case

Twiford & Abbott, by William Brumsey, III, Elizabeth City, for plaintiff appellant.

Worth & Beaman, by Grafton G. Beaman, Elizabeth City, for defendant appellee.

PARKER, Judge.

When first charging the jury upon the fourth issue, the court properly placed the burden of proof on the defendant. Later in the charge the court instructed the jury:

"Now, ladies and gentlemen of the jury, if you should find that the conduct of the husband was such as would cause his wife to leave, if she was treated with such indignities or abusement that would make it justifiable then, of course, you would answer this issue yes, but if...

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