STATE v. HEARN

No. 8726SC832.

365 S.E.2d 206 (1988)

STATE of North Carolina v. Martha Lynn HEARN.

Court of Appeals of North Carolina.

March 1, 1988.


Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Roy A. Giles, Jr., Raleigh, for the State.

Public Defender Isabel Scott Day by Asst. Public Defender Marc D. Towler, Charlotte, for defendant-appellant.


SMITH, Judge.

By her only assignment of error, defendant contends that the trial court erred in refusing to instruct the jury that defendant had no duty to retreat before using deadly force to repel an attack against her when there was evidence that defendant was in her own home. We agree.

In regard to the duty to retreat our courts have stated:

[W]hen a person who is free from fault in bringing on a difficulty, is attacked in his own home or on his...

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