State v. Jernigan

There was no error in submitting the case to the jury. Even on the defendant’s own statement, S. v. Edwards, 211 N.C. 555, 191 S.E. 1, it was a question for the twelve whether he used excessive force or was justified in taking the life of the deceased. S. v. DeGraffenreid, 223 N.C. 461, 27 S.E. 2d 130; S. v. Baker, 222 N.C. 428, 23 S.E. 2d 340; S. v. Marshall, 208 N.C. 127, 179 S.E. 427. Moreover, giving the defendant full benefit of all he says, his statement hardly brings him within the principle of self-defense, certainly not as a matter of law dispensing with any determination of the…