State v. Berry

BRITT, Judge.

Defendant contends first that the trial court erred in failing to instruct the jury on self-defense. We find no merit in this contention.

We recognize the principle that the trial court must instruct the jury on self-defense when that question is raised by the evidence, even in the absence of a request to do so. State v. Dooley, 285 N.C. 158, 203 S.E. 2d 815 (1974). However, we do not think the evidence in this case raised the question of self-defense.

In his opening statement to the jury, before any evidence was introduced, defendant’s counsel stated that defendant contended that…