STATE v. McCOMBS

No. 29.

253 S.E.2d 906 (1979)

STATE of North Carolina v. John Excell McCOMBS, Jr.

Supreme Court of North Carolina.

April 20, 1979.


Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen., by T. Buie Costen, Special Deputy Atty. Gen., and Nonnie F. Midgette, Asst. Atty. Gen., Raleigh, for the State.

C. C. Malone, Jr., and Albert L. Willis, Durham, for defendant appellant.


BRANCH, Justice.

The single question before us for decision is whether the Court of Appeals erred in granting a new trial on the ground that the trial court failed to give a full instruction on the defense of home and property. In his oral argument, defense counsel conceded, and properly so, that the trial judge in all other respects correctly charged on selfdefense. In the admittedly correct charge on self-defense, the...

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