STATE v. KELLY

No. 819SC1065.

289 S.E.2d 120 (1982)

STATE of North Carolina v. Bobby Brandell KELLY.

Court of Appeals of North Carolina.

March 16, 1982.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. George W. Boylan, Raleigh, for the State.

Appellate Defender Adam Stein and Asst. Appellate Defenders Ann B. Petersen and James R. Glover, Raleigh, for defendant-appellant.


WHICHARD, Judge.

The State's evidence tended to show that defendant struck Richard Dunston across the nose with a stick, and that Dunston died from the resulting injuries. Defendant's evidence tended to show that defendant hit Dunston after Dunston had cut him with a knife and while Dunston was still attacking him with the knife. Defendant testified:

I hit him with the stick so he wouldn't cut me again with the knife .... I struck him with the stick to keep...

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