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STATE v. WEAVER

No. 68SC144.

161 S.E.2d 755 (1968)

1 N.C. App. 436

STATE of North Carolina v. Walter WEAVER.

Court of Appeals of North Carolina.

June 19, 1968.

Attorney(s) appearing for the Case

T. W. Bruton, Atty. Gen., by Charles M. Hensey, Raleigh, Trial Attorney, for the State.

W. R. Dalton, Jr., Dalton & Long, Burlington, for the defendant appellant.

BROCK, Judge.

After explaining the principles of the law relative to the right of self-defense, the trial judge instructed the jury as follows:

"In order to have the benefit of this principle of law the defendant must show: 1. That he was free from any blame. 2. That the assault on him was with a felonious purpose or appeared to be such. 3. That he attacked the person assaulting him, if you find that he did so, only when it was...

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