State v. Greer

Under the evidence in this case, was it the duty of the trial judge, without special request therefor, to instruct the jury upon the law of self-defense? We answer in the affirmative. C. S., 564; S. v. Thornton, 211 N. C., 413, 190 S. E., 758; S. v. Bost, 192 N. C., 1, 133 S. E., 176; S. v. Godwin, 211 N. C., 419, 190 S. E., 761.

The evidence was, of course, contradictory. But with this fact neither the trial court nor this Court has any concern in applying the principles of law involved. Indeed, upon appropriate instruction, the jury may have found the testimony relied upon by the State less…