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HUSSEY v. CHEEK

No. 7620SC368.

228 S.E.2d 519 (1976)

31 N.C. App. 148

Johnnie Fletcher HUSSEY v. Joe Dalton CHEEK.

Court of Appeals of North Carolina.

October 6, 1976.

Attorney(s) appearing for the Case

Ottway Burton, Asheboro, for plaintiff-appellant.

Seawell, Pollock, Fullenwider, Van Camp & Robbins, P. A. by James R. Van Camp and Bruce T. Cunningham, Carthage, for defendant-appellee.

CLARK, Judge.

The issue presented is whether collateral estoppel may be applied to the issue of self-defense in a civil assault case when the defendant has previously been acquitted of a criminal assault arising out of the same occurrence.

In a recent decision, Tidwell v. Booker, 290 N.C. 98, 225 S.E.2d 816 (1976), (three judges dissenting), rev'g 27 N.C. App. 435...

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