State v. Muscat

Certain portion of the charge of the trial judge to the jury in respect to defendant’s plea of self-defense, to which defendant excepts, while proper in trial of a homicide case, the Attorney General confesses is improper in instant case, and is prejudicial to defendant, under authority of S. v. Warren, 242 N.C. 581, 89 S.E. 2d, 109; S. v. Cephus, 239 N.C. 521, 80 S.E 2d, 147; S. v. Carver, 213 N.C. 150, 195 S.E. 349.

Hence let there be a

New trial.