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STATE v. HALL

No. 7618SC359.

228 S.E.2d 637 (1976)

31 N.C. App. 34

STATE of North Carolina v. Giradeau HALL.

Court of Appeals of North Carolina.

October 6, 1976.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Elisha H. Bunting, Jr., Raleigh, for the State.

Smith, Patterson, Follin, Curtis & James by Michael K. Curtis, Greensboro, for defendant-appellant.

BRITT, Judge.

Defendant assigns as error the following instructions given by the trial court to the jury:

"If you find from the evidence beyond a reasonable doubt that the defendant Hall assaulted Oliver Jamieson with intent to kill, that assault would be excused as being in self-defense only if the circumstances at the time he acted were such as would create in the mind of a person of ordinary firmness a reasonable belief that such action was necessary to...

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