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STATE v. SMITH

No. 7026SC175.

173 S.E.2d 489 (1970)

8 N.C. App. 77

STATE of North Carolina v. Charles Edward SMITH.

Court of Appeals of North Carolina.

May 6, 1970.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan and Staff Atty. James L. Blackburn, Raleigh, for the State.

Lacy W. Blue, Charlotte, for defendant-appellant.

MALLARD, Chief Judge.

The defendant's only assignment of error is to the following portion of the charge:

"When you come to consider his plea of self-defense, you should ask yourself these questions: (1) at the time of the firing of the fatal shot that took the life of the deceased, Robert Mobley, was the defendant at the place where he had the right to be? (2) Was he himself without fault in bringing on or entering into the encounter or difficulty with the...

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