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SUGG v. BAKER

No. 319.

128 S.E.2d 595 (1962)

258 N.C. 333

Lester C. SUGG, Administrator of John Wayne Sugg, deceased, v. James H. BAKER, Sr.

Supreme Court of North Carolina.

December 12, 1962.

Attorney(s) appearing for the Case

Jones, Reed & Griffin, Kinston, for plaintiff.

Whitaker & Jeffress, Kinston, for defendant.

MOORE, Justice.

Instructing the jury, the court stated:

"* * * (O)rdinarily in a case of this kind the Court would recapitulate and summarize the substance of the evidence. That is done unless the doing of that is waived by both of the parties. In this case the parties, through their counsel respectively have waived the Court recapitulating or summarizing the evidence."

The charge is entirely devoid of any summary of the evidence. There is no attempt...

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