STATE v. BENTON

No. 7922SC296.

256 S.E.2d 279 (1979)

42 N.C. App. 228

STATE of North Carolina v. Leroy BENTON, Jr.

Court of Appeals of North Carolina.

July 3, 1979.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Richard L. Kucharski, Raleigh, for the State.

Hutchins, Tyndall, Bell, Davis & Pitt by Fred S. Hutchins, Jr. and Richard D. Ramsey, Winston-Salem, for defendant-appellant.


WEBB, Judge.

The defendant's first assignment of error deals with the court's overruling his motion for nonsuit. He contends there was no evidence that he fired a pistol first and all his evidence was to the effect that Buck Eller fired first. He argues from this that all the evidence shows self-defense. We do not agree. The State's evidence shows that defendant shot Buck Eller. This is evidence from which the jury could conclude it was an unlawful killing. See...

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