State v. Marsh

BRANCH, Justice.

The single question presented by this appeal is whether the trial judge erred by. failing to instruct the jury on the law of self-defense.

The trial judge must charge the jury on all substantial and essential features of a case which arise upon the evidence, even when, as here, there is no special request for the instruction. State v. Mercer, 275 N.C. 108, 165 S.E. 2d 328. State v. Todd, 264 N.C. 524, 142 S.E. 2d 154. Unquestionably, self-defense may become a substantial and essential feature of a criminal case, and when there is evidence from which it may be inferred that a…