State v. Best

CLARK, Judge.

Defendant assigns as error the failure of the trial court to charge the jury on the law of shooting by accident or misadventure. Defendant did not request such an instruction.

The trial judge has a duty to “declare and explain the law arising on the evidence given in the case.” G.S. 1-180. 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). In a case where the evidence offered by one party tends to show accident, it is not…