State v. Edwards
State v. Edwards
Opinion of the Court
Defendant contends that the trial judge committed error in his instructions to the jury in that, although the jury was instructed as to the justification of a defendant to act in defense of self, there was no instruction as to the right of the defendant to act in defense of his home.
Defendant offered evidence that he was in his home when he was threatened by the prosecuting witness and “somebody or
Where, as here, there is evidence that defendant acted in defense of his home, an instruction on the defendant’s right to act in self-defense without an instruction also on the defendant’s right to act in defense of home contains prejudicial error. State v. Miller, 267 N.C. 409, 148 S.E. 2d 279 (1966).
New trial.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.