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STATE v. CALLOWAY

No. 68SC74.

160 S.E.2d 501 (1968)

1 N.C. App. 150

STATE of North Carolina v. Monroe CALLOWAY.

Court of Appeals of North Carolina.

April 17, 1968.

Attorney(s) appearing for the Case

T. W. Bruton, Atty. Gen., by Ralph Moody, Deputy Atty. Gen., for the State.

Bill Atkins and Fouts & Watson, by Dover R. Fouts, Burnsville, for defendant appellant.

BROCK, Judge.

The defendant assigns as error the instruction to the jury by the Court defining the intensity of proof required of the defendant to establish his plea of self-defense. Regarding that the trial judge instructed the jury as follows:

"When an intentional killing is admitted or established, the law presumes malice from the use of a deadly weapon. And the defendant is guilty of murder in the second degree unless he can satisfy the jury of the truth...

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