State ex rel. Joyner v. Roberts

114 N.C. 389

Opinion

Per OuriaM:

There was error on the part of the Judge in leaving the question of reasonable inquiry to the jury. Emry v. Railroad, 109 N. C., 589. As the case goes back for a new trial it is proper to say that if the circumstances testified to by the defendant and the witness Futrell are true, then, under our authorities, the defendant would have made such reasonable inquiry as is contemplated by the statute. New Trial.