State v. Davis

Supreme Court of North Carolina
State v. Davis, 129 S.E.2d 894 (N.C. 1963)
259 N.C. 138; 1963 N.C. LEXIS 494
Per Curiam

State v. Davis

Opinion

Per Curiam.

Defendant offered evidence of deceased’s reputation for violence. Additionally he sought to elicit by cross-examination of the State’s witnesses the fact that deceased had committed specific violent assaults on persons other than defendant. The evidence was, on objection by the State, excluded. Defendant assigns as error the *139 court’s refusal to permit him to show that deceased had at different times assaulted specifically named persons. The ruling was correct. It is in 'accord with prior decisions of this Court. S. v. Morgan, 245 N.C. 215, 95 S.E. 2d 507, and cases there cited.

Defendant assigns as error a portion of the court’s charge, contending the court unduly limited his rig'ht of self-defense. When the charge is read as a whole, as it must be, we are of the opinion and hold that the law given the jury for its guidance in determining the merits of defendant’s claim of self-defense was as declared in S. v. Marshall, 208 N.C. 127, 179 S.E. 427, quoted with approval in S. v. Fowler, 250 N. C. 595, 108 S.E. 2d 892.

Our review of the record fails to disclose error of which defendant can justly complain.

No error.

Reference

Full Case Name
State of North Carolina v. Jewel Davis
Cited By
3 cases
Status
Published