STATE v. SPAULDING

No. 10.

257 S.E.2d 391 (1979)

STATE of North Carolina v. Cardell SPAULDING.

Supreme Court of North Carolina.

September 4, 1979.


Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen., by J. Michael Carpenter and Donald W. Stephens, Asst. Attys. Gen., Raleigh, for the State.

Wade M. Smith and Roger W. Smith, Raleigh, for defendant-appellant.


EXUM, Justice.

I

Defendant is charged with the murder of Hal Roscoe Simmons. At trial he admitted killing Simmons but offered evidence tending to show he did so out of fear because Simmons had threatened him and was advancing on him at the time of the killing. The trial court refused to instruct the jury on self-defense. We hold this was prejudicial error and order that defendant receive a new trial. We also discuss the admissibility of certain evidence...

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