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STATE v. CEPHUS

No. 77.

80 S.E.2d 147 (1954)

239 N.C. 521

STATE v. CEPHUS.

Supreme Court of North Carolina.

February 24, 1954.

Attorney(s) appearing for the Case

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

Weeks & Muse, Tarboro, for defendant appellant.

BARNHILL, Chief Justice.

The court below in its charge instructed the jury in part as follows:

"The burden of proof as to the plea of self-defense is on the defendant to satisfy the jury, not beyond a reasonable doubt nor by the greater weight of the evidence, but simply to satisfy the jury that he was fighting in his own self-defense and used no more force than was reasonably necessary for his protection."

This instruction must be held for error...

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