State v. Brooks

MITCHELL, Judge.

The defendant’s sole assignment of error is directed to the trial court’s refusal to instruct the jury on the law of self-defense. In support of this assignment, the defendant argues that his evidence tended to show self-defense as a matter of law. We do not agree.

The defendant refers us, inter alia, to State v. Hickman, 21 N.C. App. 421, 204 S.E. 2d 718 (1974) and State v. Evans, 19 N.C. App. 731, 200 S.E. 2d 213 (1973). He contends that the holdings in those cases are controlling here and, based upon the evidence presented, required the trial court to give an instruction on…