State v. Montague

259 S.E.2d 899 (1979)

298 N.C. 788

STATE of North Carolina

v.

Carlton Donnell MONTAGUE.

No. 64.

Supreme Court of North Carolina.

December 4, 1979.

Rufus L. Edmisten, Atty. Gen., by Thomas J. Ziko, Associate Atty. Gen., Raleigh, for the State.

W. G. Ransdell, Jr., Raleigh, for defendant-appellant.

BRANCH, Chief Justice.

Defendant first assigns as error the failure of the trial judge to charge on self-defense.

The court is required to charge on all substantial and essential features of a case which arise upon the evidence, even absent a special request for the instruction. When supported by the evidence,…