after stating the case: The rule obtains with us that when a party duly makes request for a special instruction, correct in itself and supported by evidence, the trial court, while not obliged to adopt the precise language of the prayer, nevertheless is required to give the instruction, in substance at least, and unless this is done, either in direct response to the request or otherwise in some portion of the charge, the failure, if properly presented on appeal, will be held for reversible error. Parks v. Trust Co., 195 N. C., 453, 142 S. E., 473; Marcom v. R. R., 165 N. C., 259, 81 S. E., 290; Irvin v. R. R., 164 N. C., 6, 80 S. E., 78; Lloyd v. Bowen, 170 N. C., 216, 86 S. E., 797; Rencher v. Wynne, 86 N. C., 269.
In Baker v. R. R., 144 N. C., 36, 56 S. E., 553, Walker, J., delivering the opinion of the Court, gives the reason for the rule as follows: “We have held repeatedly that if there is a general charge upon the law of the case, it cannot be assigned here as error that the court did not instruct the jury as to some particular phase of the case, unless it was specially requested so to do. Simmons v. Davenport, 140 N. C., 407. It would seem to follow from this rule, and to be inconsistent with it if we should not so hold, that if a special instruction is asked as to a particular aspect of the case presented by the evidence, it should be given by the court with substantial conformity to the prayer. We have so distinctly held recently in Horne v. Power Co., 141 N. C., at p. 58, in which Cormor, J., speaking for the Court and quoting with approval from S. v. Dunlop, 65 N. C., 288, says: ‘Where instructions 'are asked upon an assumed state of facts which there is evidence tending to prove, and thus questions of law are raised which are pertinent to the case, it is the duty of the judge to answer the questions so presented and to instruct the jury distinctly what the law is, if they shall find the assumed state of facts; and so in respect to every state of facts which may be reasonably assumed upon the evidence.’ ”
In the instant case the prisoner in apt time preferred the special instruction, as above set out, which was taken almost verbatim from an instruction given and approved in S. v. English, 164 N. C., 498, 80 *717S. E., 72. See, also, S. v. Ross, 193 N. C., 25, 136 S. E., 193, and S. v. Allen, 186 N. C., 302, 119 S. E., 504. It would seem tbat tbe prisoner was entitled to have this instruction given substantially in tbe form as requested. Lloyd v. Bowen, supra.
Tbe ease on appeal, wbicb was not settled by tbe trial judge, presents several discrepancies, but we must take tbe record as we find it.
For tbe error, as indicated, in failing to give tbe instruction, substantially as requested, a new trial must be awarded, and it is so ordered.