State v. Turner
Court of Appeals of North Carolina
1Opinion of the Court
BRITT, Judge.
All of defendant’s assignments of error relate to the court’s instructions to the jury. One of the challenged instructions reads as follows:
Now, Members of the Jury, the burden is on the defendant to prove self-defense to the satisfaction of the Jury and to prove he used no more force than was or reasonably appeared necessary under the circumstances to protect himself from death or great bodily harm.
The court committed error in placing the burden on defendant to prove self-defense. In State v. Fletcher, 268 N.C. 140, 142, 150 S.E. 2d 54, 56 (1966), the court, speaking through *35Just…
2Cases cited4 opinions
- State v. FletcherSupreme Court of North Carolina · 1966
- State v. WarrenSupreme Court of North Carolina · 1955
- State v. SandlinSupreme Court of North Carolina · 1959
- State v. CloerSupreme Court of North Carolina · 1966