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STATE v. MONTAGUE

No. 64.

259 S.E.2d 899 (1979)

298 N.C. 788

STATE of North Carolina v. Carlton Donnell MONTAGUE.

Supreme Court of North Carolina.

December 4, 1979.

Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen., by Thomas J. Ziko, Associate Atty. Gen., Raleigh, for the State.

W. G. Ransdell, Jr., Raleigh, for defendant-appellant.

BRANCH, Chief Justice.

Defendant first assigns as error the failure of the trial judge to charge on self-defense.

The court is required to charge on all substantial and essential features of a case which arise upon the evidence, even absent a special request for the instruction. When supported by the evidence, self-defense is a substantial and essential feature of a criminal case. State v. Deck, 285 N.C. 209, ...

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