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STATE v. BOSWELL

No. 747SC612.

210 S.E.2d 129 (1974)

24 N.C. App. 94

STATE of North Carolina v. Charles BOSWELL, Jr.

Court of Appeals of North Carolina.

December 4, 1974.

Attorney(s) appearing for the Case

Atty. Gen. James H. Carson, Jr. by Associate Atty. Gen. Robert W. Kaylor, Raleigh, for the State.

Farris, Thomas & Farris by Robert A. Farris, Wilson, for defendant-appellant.

MARTIN, Judge.

Defendant contends that the following charge given to the jury on self-defense amounts to prejudicial error:

"If the defendant was not the aggressor and he reasonably believed that a murderous assault was being made upon him, if he was in his own home, he was not required to retreat but could stand his ground and use whatever force he reasonably believed to be necessary to save himself from death or great bodily harm. It is for you, the Jury...

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