Hopes v. State

David Newbern, Justice.

The appellant, Jack Ray Hopes, was convicted of second degree murder and sentenced to five years imprisonment. He raises two points of appeal. First, he contends the court erred in refusing an instruction he proffered. The instruction would have defined “dwelling” as including the curtilage in the context of the statute permitting the use of deadly force in self-defense without retreat in one’s dwelling. We find no error, as the instruction proffered was not a correct statement of the law. The second allegation is that the judge erred by recalling the jurors to the…