State v. Kelly

CLARK, Judge.

Though defendant presents several assignments of error, the only one warranting express consideration is the exception to that portion of the charge relating to self-defense.

It is apparent that the charge of the trial court is from “Pattern Jury Instructions”, (N.C.P.I. - Crim. 206.10), in which the right of self-defense is made available to the defendant upon the jury finding that a murderous assault, or assault with felonious intent, was made upon him.

It may be conceded that the charge as given would be applicable to a different, and probably usual, factual situation; but in…