State v. Benge

Pee CuRiAM.

Defendant contends the court erred in denying his motion for nonsuit at the close of all the evidence.

Manslaughter is the unlawful killing of a human being without malice and without premeditation or deliberation. State v. Street, 241 N.C. 689, 86 S.E. 2d 277.

Defendant cites the case of State v. Johnson, 261 N.C. 727, 136 S.E. 2d 84, to support his position. This case correctly states the law as follows:

“Ordinarily, when a person who is free from fault in bringing on a diffculty, is attacked in his own home or on his own premises, the law imposes on him no duty to retreat before he…