Fleming v. . Davenport

This case is controlled by Ballard v. Johnson, 114 N. C., 141, and is so fully discussed there, we see no reason for discussing it in this case.

*157 The defendant was entitled to bis second prayer for instructions to the jury.

The court declined to give these instructions, and this entitles the defendant to a new trial. And, as this substantially disposes of the matters controverted, we do not consider the other questions presented by the appeal. There is error.

N ew Trial.