STATE v. BARNETTE

No. 7021SC213.

174 S.E.2d 82 (1970)

8 N.C. App. 198

STATE of North Carolina v. Fred BARNETTE.

Court of Appeals of North Carolina.

Certiorari Denied July 14, 1970.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, by Asst. Atty. Gen. I. B. Hudson, for the State.

White, Crumpler & Pfefferkorn, by William G. Pfefferkorn, Winston-Salem, for defendant.


BROCK, Judge.

Defendant's sole assignment of error is that the judge's charge to the jury constituted prejudicial error in that its effect was to charge that defendant's right of self-defense could only be lawfully exercised if he were faced with an assault likely to cause his death or great bodily harm and thereby implying that the defendant had no right of self-defense if the assault upon him was nonfelonious or not likely to cause his death or great bodily harm...

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