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STATE v. SHELTON

No. 7419SC891.

212 S.E.2d 545 (1975)

25 N.C. App. 207

STATE of North Carolina v. Clinton Richard SHELTON, III.

Court of Appeals of North Carolina.

March 19, 1975.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Robert W. Kaylor, Raleigh, for the State.

Earl J. Fowler, Jr., Asheville, for defendant appellant.

PARKER, Judge.

In apt time the defendant requested that the court instruct the jury with regard to the law applicable to defendant's right to act in self-defense. The court refused to do so, and instead instructed the jury:

"Members of the jury, the court instructs you that in this case, there is no evidence of any legal justification that has been presented in the trial of this case."

The right of self-defense rests upon necessity, real or apparent...

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