State v. McCombs

MARTIN (Robert M.), Judge

Defendant contends that, while the law arising upon the evidence in the case insofar as it relates to his plea of self-defense was declared and explained in the charge, the court failed to declare and explain the law arising upon the evidence given in the case as it relates to defendant’s right to defend his home from invasion by an intruder. We are compelled to agree.

The trial judge intimated in one portion of his charge that he would instruct the jury upon the defense of home, stating:

“. . . even though such officers be unlawfully upon the premises, if you should so…