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BOARD OF TRANSP. v. HARVEY

No. 7528SC494.

220 S.E.2d 815 (1976)

28 N.C. App. 327

BOARD OF TRANSPORTATION v. Frances E. HARVEY and husband, Elmer A. Harvey.

Court of Appeals of North Carolina.

January 7, 1976.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Deputy Atty. Gen. R. Bruce White, Jr., and Asst. Atty. Gen. Alfred N. Salley, Raleigh, for the State.

Morris, Golding, Blue & Phillips by William C. Morris, Jr., Asheville, for defendant appellants.

MARTIN, Judge.

Defendants contend that the court erred in failing to declare and explain the law arising on the evidence in this case as required by G.S. 1-180.

"The chief purpose of a charge is to aid the jury to understand clearly the case, and to arrive at a correct verdict. For this reason, this Court has consistently ruled that G.S. § 1-180 imposes upon the Trial Judge the positive duty of declaring and...

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