VANHOY v. PHILLIPS

No. 7223SC377.

189 S.E.2d 557 (1972)

Vernice VANHOY and Orville Vanhoy, Administrators of the Estate of William Sherrill Vanhoy, Deceased v. Gary Wayne PHILLIPS and Magaline Phillips Sawyer.

Court of Appeals of North Carolina.

June 28, 1972.


Attorney(s) appearing for the Case

Walter L. Zachary, Yadkinville, and R. Lewis Alexander, Elkin, for plaintiff-appellees.

Smathers & Ferrell by Forrest A. Ferrell, Hickory, for defendant-appellants.


MALLARD, Chief Judge.

Defendants assign as error the failure of the trial judge to permit Steve Trivette (Trivette), one of defendants' witnesses who would have testified that "the next day, or the day after," he went back to the scene near where the "Chevy" was parked and that "around the white line there was some spots of blood there. There was glass all over the place."

The rule is that whether evidence of the existence of a particular state of affairs...

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