STATE v. DORSEY

No. 7827SC790.

250 S.E.2d 327 (1979)

39 N.C. App. 480

STATE of North Carolina v. Terry DORSEY.

Court of Appeals of North Carolina.

January 16, 1979.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Gen. J. Chris Prather, Raleigh, for the State.

Asst. Public Defender Jesse B. Caldwell, III, Gastonia, for defendant.


PARKER, Judge.

Defendant contends inter alia that the trial court's failure to instruct the jury on self defense was reversible error. We agree.

It is undisputed that Sheppard was armed with a pistol. The defendant's evidence showed that Sheppard was brandishing this gun and threatening to kill defendant before defendant was himself handed a pistol by his wife. Defendant testified that Sheppard shot first as Doris Ann Dorsey was handing defendant the...

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