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STATE v. BLANKENSHIP

No. 862SC17.

346 S.E.2d 171 (1986)

STATE of North Carolina v. William Harvey BLANKENSHIP.

Court of Appeals of North Carolina.

August 5, 1986.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Steven F. Bryant, Raleigh, for the State.

Wayland J. Sermons, Jr., P.A., Washington, for defendant-appellant.

WEBB, Judge.

The defendant assigns error to the court's failure to charge on self-defense. We believe this assignment of error has merit.

The right to act in self-defense is based upon necessity, real or apparent, and a person may use such force as is necessary or apparently necessary to save himself from death or great bodily harm in the lawful exercise of his right to self-defense. A person may kill even though it be not necessary to kill to avoid death...

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