STATE v. RILEY

No. 8114SC831.

289 S.E.2d 41 (1982)

STATE of North Carolina v. Brodie Thomas RILEY.

Court of Appeals of North Carolina.

March 16, 1982.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. David S. Crump, Durham, for the State.

Maxwell, Freeman & Beason, P.A. by James B. Maxwell, Durham, for defendant-appellant.


ARNOLD, Judge.

Defendant excepted to the failure of the trial court to charge the jury that defendant, being in his own home, had no duty to retreat from the alleged attack by his estranged wife. We think this exception is well taken and must be sustained.

Contrary to the State's contention, there was ample evidence from which the jury might have determined that defendant acted in self-defense. Indeed the trial court instructed on the question of self-defense...

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