Supreme Court of North Carolina December 5, 1842 (Eller v. . Roberts)

Gaston, J.

We see no error in the instructions complained of. They are quite as favorable as the defendant had a right to ask. He alleged, (as a justification for his disobedience to the subpoena, inability*to attend Court. This inability must be passed upon, and decided by reference to

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the modes of travelling, which are in use in the community.