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STATE v. HAYES

No. 8718SC815.

364 S.E.2d 712 (1988)

STATE of North Carolina, v. Juanita HAYES.

Court of Appeals of North Carolina.

February 16, 1988.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Sp. Deputy Atty. Gen. Lucien Capone, III, Raleigh, for the State.

Appellate Defender Malcolm Ray Hunter, Jr., Raleigh, for defendant-appellant.

SMITH, Judge.

By her first assignment of error, defendant contends the trial court erred in refusing to instruct the jury on self-defense. We agree. Defendant's plea of not guilty to the felony of second degree murder entitled her to offer evidence that the killing was committed in self-defense, by accident or both; no election was required. State v. Wagoner, 249 N.C. 637, 107 S.E.2d 83 (1959...

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