STATE v. OGBURN

No. 8218SC690.

299 S.E.2d 454 (1983)

STATE of North Carolina v. Ralph OGBURN.

Court of Appeals of North Carolina.

February 1, 1983.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. James E. Magner, Jr., Raleigh, for the State.

W. Steven Allen, Greensboro, for the defendant-appellant.


HEDRICK, Judge.

Defendant assigns error to the trial court's refusal to instruct the jury on self-defense. At trial, the State offered evidence tending to show that the defendant and his wife got into an argument, and the wife grabbed the defendant's "pants" and took a pistol from one of the pockets. Defendant took the gun away from his wife and shot her in the head inflicting serious and permanent personal injuries.

The defendant told the officer: "I don...

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