STATE v. STRATER

No. 420.

158 S.E.2d 60 (1967)

272 N.C. 276

STATE v. Elijah STRATER, Jr.

Supreme Court of North Carolina.

December 13, 1967.


Attorney(s) appearing for the Case

T. W. Bruton, Atty. Gen., Andrew A. Vanore, Jr., Raleigh, Staff Atty., for the State.

Hugh M. Currin, Oxford, for defendant appellant.


PER CURIAM:

The defendant assigns as error the Court's refusal to direct a verdict of not guilty on the ground the evidence was insufficient to justify a conviction. The State's evidence made out a case of felonious assault. The defendant's evidence made out a case of self defense.

In the charge, the Court instructed the jury: "The laws of self-defense vary depending on whether a person is at his home, trying to protect his family and what not, but here we...

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