SHARP, Justice:
The evidence in this case was plenary to withstand defendant's motion for nonsuit and to sustain the verdict. However, the condition of the record, which the assistant solicitor "accepted as a correct statement of case on appeal" the same day it was served upon him, leaves us no alternative except to order a new trial.
Defendant assigned as error the following portions of his Honor's charge, the error and prejudice of which are apparent:
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