State v. Wright

HEDRICK, Judge.

The defendant assigns as error the failure of the trial court to instruct the jury “on the law of a shooting by accident or misadventure” and the failure of the court “to state the defendant’s evidence on a shooting by accident or misadventure to an extent necessary to explain the application of the law thereto.”

Every “substantial feature” of the case arising on the evidence must be presented to the jury even without a special request for instructions on the issue. State v. Dooley, 285 N.C. 158, 203 S.E. 2d 815 (1974); State v. Hickman, 21 N.C. App. 421, 204 S.E. 2d 718 (1974).…