SHARP, Chief Justice:
Plaintiff's appeal presents only the question whether the Court of Appeals erred in holding that the trial judge, in his charge to the jury, misstated the evidence on a material fact to the prejudice of defendant.
The challenged instruction is contained within the bracketed portion of the charge set out below:
"Now, there is evidence in this case, ladies and gentlemen, that in substance tends to show—what the evidence does...
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