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STATE v. ATAEI-KACHUEI

No. 8310SC585.

314 S.E.2d 751 (1984)

STATE of North Carolina v. Hassan ATAEI-KACHUEI.

Court of Appeals of North Carolina.

May 1, 1984.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. John R.B. Matthis and Asst. Atty. Gen. Alan S. Hirsch, Raleigh, for the State.

Tharrington, Smith & Hargrove by Wade M. Smith, Roger W. Smith and Douglas E. Kingsbery, Raleigh, for defendant-appellant.

PHILLIPS, Judge.

In regard to the discharging a firearm charge, defendant requested that the court specially instruct the jury as follows:

The defendant would be justified in discharging a firearm into an occupied motor vehicle if in doing so he: 1. had probable cause to believe that the person detained has committed a felony in his presence or was attempting to escape from the commission of a felony with the use of a deadly weapon, or (sic) "and...

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