CARAWAN v. TATE

No. 8026SC473.

280 S.E.2d 528 (1981)

Johnnie F. CARAWAN, Plaintiff, v. Tom TATE and Friendly Parking Service, Inc., Defendants-and-Third Party Plaintiffs, v. AETNA CASUALTY AND SURETY COMPANY, Third Party Defendant.

Court of Appeals of North Carolina.

July 21, 1981.


Attorney(s) appearing for the Case

William H. Booe, Charlotte, for plaintiff-appellant.

Newitt & Bruny by John G. Newitt, Jr., Charlotte, for defendants-appellees.


WEBB, Judge.

We consider first the defendants' appeal. The defendants assign error to testimony by the plaintiff and a police officer that Mr. Tate was convicted in district court of assaulting the plaintiff, Mr. Tate having pled not guilty to the criminal charge. We believe this assignment of error has merit. In this jurisdiction evidence of a person's conviction in a criminal prosecution for the very act which constitutes...

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