STATE v. RHODES

No. 8118SC215.

282 S.E.2d 809 (1981)

STATE of North Carolina v. John RHODES.

Court of Appeals of North Carolina.

October 6, 1981.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Daniel F. McLawhorn, Raleigh, for the State.

Appellate Defender Adam Stein by Asst. Appellate Defender Malcolm R. Hunter, Jr., Raleigh, for defendant-appellant.


CLARK, Judge.

Defendant first makes the argument that the trial court erred in failing to instruct the jury on his right to resist an arrest pursuant to an illegal entry into his home.

We reject the argument on the ground that there is no evidence of an illegal entry into defendant's home. Defendant does not question the validity of the order for his arrest which Officer Hastings had in his possession. Hastings knocked on the door of the home and entered at...

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