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STATE v. PEARSON

No. 115.

215 S.E.2d 598 (1975)

STATE of North Carolina v. Charles Austin PEARSON.

Supreme Court of North Carolina.

June 26, 1975.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Archie W. Anders, Raleigh, for the State.

Bailey, Brackett & Brackett by Allen A. Bailey and Kermit D. McGinnis, Charlotte, for defendant-appellant.

COPELAND, Justice.

In his supplemental brief, defendant addresses himself primarily to the trial court's charge as it related to self-defense.

After charging the jury correctly as to the grounds for self-defense, Judge Winner gave the following instruction:

"Now, members of the jury, under the law of this State a person may not normally avail himself of self-defense when he has used deadly force to quell an assault or attack by someone who does...

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