55 S.E. 84 | N.C. | 1906
The defendant at the close of the evidence, and before the argument began, requested the Court "to put its charge to the jury in writing, and in part to charge the jury as follows" — here follows seventeen paragraphs of special instructions asked. The whole charge on the law was not put in writing, and this entitles the defendant to a new trial, Rev., sec. 536, though this section does not require the recapitulation of evidence to be in writing. Jenkins v. Railroad,
This is not like Phillips v. R. R.,
New Trial.
Cited: Metal Co. v. R. R.,