State v. Chaney

BROCK, Judge.

Defendant assigns as error that the trial judge failed to Instruct the jury upon defendant’s right to repel a nonfelonious assault; but confined defendant’s right of self-defense to repelling an assault which would likely cause death or great bodily harm. Defendant cites State v. Fletcher, 268 N.C. 140, 150 S.E. 2d 54; State v. Anderson, 230 N.C. 54, 51 S.E. 2d 895; and State v. Barnette, 8 N.C. App. 198, 174 S.E. 2d 82 (certiorari denied 277 N.C. 113) in support of this assignment of error.

The evidence that defendant acted in defense of an assault upon him by prosecuting witness…