LEE v. KELLENBERGER

No. 7511SC466.

220 S.E.2d 140 (1975)

28 N.C. App. 56

Clifton Gattis LEE v. Richard Mark KELLENBERGER.

Court of Appeals of North Carolina.

December 17, 1975.


Attorney(s) appearing for the Case

Levinson & Berkau by Thomas S. Berkau, Smithfield, for plaintiff appellant.

Mast, Tew & Nall, P. A., by George B. Mast and Joseph T. Nall, Smithfield, for defendant appellee.


PARKER, Judge.

Plaintiff's assignments of error are all directed to the court's charge to the jury. His first assignment of error is based on his exception to the following portion of the charge in which the court was summarizing the testimony of the investigating police officer:

"He (the police officer) testified that in his opinion the plaintiff and defendant were under the influence of intoxicating liquor but he didn't know to what extent. He testified...

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