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STATE v. BROWNING

No. 7514SC703.

221 S.E.2d 375 (1976)

28 N.C. App. 376

STATE of North Carolina v. Kenneth Ray BROWNING.

Court of Appeals of North Carolina.

January 21, 1976.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. David S. Crump, Raleigh, for the State.

Michael C. Troy, Robert A. Beason and Sydenham Benoni Alexander, Jr., Durham, for defendant-appellant.

PARKER, Judge.

Defendant assigns error to the refusal of the court to give a requested instruction that defendant had no obligation to retreat from or leave his own home in the face of an assault by his brother. This assignment of error has merit.

"Ordinarily, when a person who is free from fault in bringing on a difficulty, is attacked in his own home or on his own premises, the law imposes on him no duty to retreat before he can justify his fighting in...

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