STATE v. MOSES

No. 7220SC808.

193 S.E.2d 288 (1972)

17 N.C. App. 115

STATE of North Carolina v. Clyburn Leroy MOSES.

Court of Appeals of North Carolina.

December 20, 1972.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Asst. Atty. Gen. Thomas E. Kane, for the State.

Coble, Morton & Grigg by Ernest H. Morton, Jr., Albemarle, for defendant appellant.


CAMPBELL, Judge.

Defendant contends the trial court committed prejudicial error in failing to instruct the jury that at the time the shot was fired defendant was acting in defense of Dorothy Lee, and that therefore the assault was excused. There is no merit in this contention.

Persons in a family relation, and persons in the relation of master and servant, have the reciprocal right to come to the aid and defense of the person in that relation when faced with...

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