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STATE v. BENNETT

No. 8320SC1018.

313 S.E.2d 277 (1984)

STATE of North Carolina v. Click Lonzo BENNETT.

Court of Appeals of North Carolina.

April 3, 1984.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Richard H. Carlton and Associate Atty. Victor H.E. Morgan, Jr., Raleigh, for the State.

Appellate Defender Adam Stein by Asst. Appellate Defender David W. Dorey, Raleigh, for defendant, appellant.

HEDRICK, Judge.

Defendant first assigns error to the court's refusal to instruct the jury "concerning a defendant's lack of obligation to retreat when he is assaulted in his own home." Defendant relies on cases in which the appellate courts of this State have found reversible error in the refusal of the trial court to give the requested instruction when raised by the evidence. See State v. Frizzelle, 243 N.C. 49,

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