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STATE v. FOWLER

No. 729.

108 S.E.2d 892 (1959)

250 N.C. 595

STATE v. Curtis FOWLER.

Supreme Court of North Carolina.

June 12, 1959.

Attorney(s) appearing for the Case

Walter D. Barrett, Graham, for defendant, appellant.

Malcolm B. Seawell, Atty. Gen., and T. W. Bruton, Asst. Atty. Gen., for the State.

MOORE, Justice.

Defendant's assignments of error challenge the correctness of the judge's instructions to the jury on the law of self-defense.

The court charged the jury as follows:

"Now the defendant has contended that he shot the deceased in self-defense. The Court instructs you that in order to show self-defense the killing with a deadly weapon having been admitted by the defendant as he has in this case, the defendant must show an absence of fault...

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