STATE v. LOCKLEAR

No. 7416SC982.

212 S.E.2d 404 (1975)

25 N.C. App. 74

STATE of North Carolina v. David Earl LOCKLEAR.

Court of Appeals of North Carolina.

March 5, 1975.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Jesse C. Brake, Raleigh, for the State.

Horace Locklear, Lumberton, for defendant appellant.


MARTIN, Judge.

Defendant contends it was error to deny his motion for nonsuit for the reason that he acted in self-defense, using only such force as necessary to avoid death or great bodily harm.

"The burden is on defendant to prove his plea of self-defense to the satisfaction of the jury and to prove that he used no more force than was or reasonably appeared necessary under the circumstances to protect himself from death or great bodily harm." State v. Boyd...

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