Legal Opinion

State v. Moore

Court of Appeals of North Carolina

Decided June 4, 1975No. 7519SC16PublishedCited by 8 opinions

1Opinion of the Court

HEDRICK, Judge.

Defendant contends the trial court failed to declare and explain the law arising on the evidence presented by him which tended to show that the shooting was accidental, a violation of G.S. 1-180. This assignment of error is sustained.

“G.S. 1-180 requires that the trial judge fully instruct the jury as to the law based on the evidence in the case. It is the duty of the court to charge the jury on all substantial features of the case arising on the evidence without special request therefore. (Citations omitted.) And all defenses presented by defendant’s evidence are substantial…

2Cases cited3 opinions

  1. State v. MercerSupreme Court of North Carolina · 1969
  2. State v. DooleySupreme Court of North Carolina · 1974
  3. State v. DouglasCourt of Appeals of North Carolina · 1972

3Cited by8 opinions

  1. State v. SmithCourt of Appeals of North Carolina · 2003
  2. State v. WrightCourt of Appeals of North Carolina · 1976
  3. State v. BestCourt of Appeals of North Carolina · 1976
  4. State v. EfirdCourt of Appeals of North Carolina · 1978
  5. State v. BarbourCourt of Appeals of North Carolina · 1991

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