STATE v. LILLEY

No. 22A86.

348 S.E.2d 788 (1986)

STATE of North Carolina v. James Clifford LILLEY.

Supreme Court of North Carolina.

October 7, 1986.


Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by William N. Farrell, Jr., Sp. Deputy Atty. Gen., and G. Patrick Murphy, Asst. Atty. Gen., Raleigh, for State.

Epting & Hackney by Robert Epting, Chapel Hill, for defendant-appellant.


BROWNING, Justice.

The question presented is whether, notwithstanding defendant's failure to request an instruction or object to its omission, the trial judge committed "plain error" in failing to instruct the jury on the right of one attacked in his own home to act in self-defense without first retreating. We hold that under the circumstances of this case it is not "plain error" and affirm the Court of Appeals.

I.

The State's evidence tended to...

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