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STATE v. RAWLEY

No. 4.

74 S.E.2d 620 (1953)

237 N.C. 233

STATE v. RAWLEY.

Supreme Court of North Carolina.

February 25, 1953.

Attorney(s) appearing for the Case

Harry McMullan, Atty. Gen., and Ralph Moody, Asst. Atty. Gen., Gerald F. White, Member of Staff, Raleigh, for the State.

Folger & Folger and Woltz & Barber, Mount Airy, for defendant appellant.

WINBORNE, Justice.

Among the numerous assignments of error brought up on this appeal, the first requiring express consideration is that based upon exception to this portion of the charge: "Now, gentlemen of the jury, the court in this case will not explain to you the law of self-defense which sometime arises in homicide cases because it has no application in this case for the defendant in this case claims, and it has been the theory of this trial upon which the case...

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