STATE v. EVANS

No. 7310SC728.

200 S.E.2d 213 (1973)

19 N.C. App. 731

STATE of North Carolina v. Gene Alston EVANS.

Court of Appeals of North Carolina.

November 14, 1973.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, by Associate Atty. C. Diederich Heidgerd, Raleigh, for the State.

Robert E. Smith, Boyce, Mitchell, Burns & Smith, Raleigh, for defendant.


BROCK, Chief Judge.

Defendant relied upon his contention and argument that he acted in self defense. Defendant specifically requested an instruction upon the principle of self-defense. The trial judge denied the requested instruction upon the principle of self-defense. lows: "I instruct you, that the principle of self-defense, the plea of self defense, under the circumstances in this case, is not available to the defendant; and that you will not consider whether the...

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