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STATE v. KELLY

No. 7419SC937.

211 S.E.2d 854 (1975)

24 N.C. App. 670

STATE of North Carolina v. Darrell Kenny KELLY.

Court of Appeals of North Carolina.

February 19, 1975.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Robert G. Webb, Raleigh, for the State.

Davis, Ford & Weinhold by Donald L. Weinhold, Jr., and Robert M. Davis, Salisbury, for defendant appellant.

CLARK, Judge.

Though defendant presents several assignments of error, the only one warranting express consideration is the exception to that portion of the charge relating to self-defense.

It is apparent that the charge of the trial court is from "Pattern Jury Instructions" (N.C.P.I.—Crim. 206.10), in which the right of self-defense is made available to the defendant upon the jury finding that a murderous...

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