Legal Opinion
State v. Smith
Court of Appeals of North Carolina
Decided May 6, 1970No. 7026SC175Published
1Opinion of the CourtMallard, C.J.
The defendant’s only assignment of error is to the following portion of the charge:
“When you come to consider his plea of self-defense, you should ask yourself these questions: (1) At the time of the firing of the fatal shot that took the life of the deceased, Robert Mobley, was the defendant at the place where he had the right to be? (2) Was he himself without fault in bringing on or entering into the encounter or difficulty with the deceased? (3) Was he unlawfully or feloniously assaulted by the deceased? (4) Did he believe and have reasonable grounds to believe that he was about to suffer…
2Cases cited3 opinions
- State v. JenningsSupreme Court of North Carolina · 1970
- State v. GoodeSupreme Court of North Carolina · 1959
- State v. EalyCourt of Appeals of North Carolina · 1969