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204 N.C. 32

State v. Harvell

Supreme Court of North Carolina

Decided January 25, 1933

Supreme Court of North Carolina · decided 1933-01-25

Cited by 1 later decisions — most recently April 1938

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1933-01-25

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Stacy, 0. J.,

¶1after stating the case: The demurrer to the evidence was properly overruled. S. v. Dills, post, 33; S. v. Durham, 201 N. C., 724, 161 S. E., 398; S. v. Rountree, 181 N. C., 535, 106 S. E., 669.

¶2'While the instruction which forms the basis of the appealing defendant’s principal exception, may be slightly inexact, tested by the rule in S. v. Cope, ante, 28, nevertheless it would seem to- be harmless on the present record, as there is no evidence of a simple, unintentional or inadvertent violation of the traffic laws. The conduct of the defendants was reckless and their negligence culpable according to the evidence and the verdict. S. v. Cope, supra.

¶3No error.

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