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STATE v. McARTHUR

No. COA06-1465.

651 S.E.2d 256 (2007)

STATE of North Carolina v. Charles A. McARTHUR, Defendant.

Court of Appeals of North Carolina.

October 16, 2007.

Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Assistant Attorney General Sandra Wallace-Smith, for the State.

Appellate Defender Staples Hughes, by Assistant Appellate Defenders Kristen L. Todd and Benjamin Dowling-Sendor, for defendant-appellant.

GEER, Judge.

Defendant Charles A. McArthur appeals from his conviction for assault with a deadly weapon inflicting serious injury with the intent to kill. Our Supreme Court has repeatedly awarded a new trial when, as here, the trial court instructed the jury that it must return a verdict of not guilty upon a determination that defendant acted in self-defense, but failed to specifically instruct the jury to return a verdict of not guilty if it concluded the State failed...

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