State v. Kuhns

CALABRIA, Judge.

*282 Donald Joseph Kuhns ("defendant") appeals from a judgment entered upon a jury's verdict finding him guilty of voluntary manslaughter. After careful review, we conclude that the trial court committed prejudicial error by denying defendant's request for a jury instruction on the defense of habitation, N.C.P.I.-Crim. 308.80. Therefore, we reverse the trial court's judgment and remand for a new trial.

*829 I. Factual and Procedural Background

In October 2014, defendant lived across the road from his son ("George") in the Johnny Walker Mobile Home Park ("JWMHP") in Hiddenite, North…