State v. Patterson

WHICHARD Judge.

Defendant contends the trial court erred in failing to instruct in its final mandate to the j ury as to the defense of ‘ ‘defense of another. ’ ’

The principle of law is well settled in this jurisdiction that “[i]f the defendant * * * had a well-grounded belief that a felonious assault was about to be committed on * * * (another), he had the right and it was his duty as a private citizen to interfere to prevent the supposed crime.” State v. Hornbuckle, 265 N.C. 312,315,144S.E.2d 12,14(1965), quoting from State v. Robinson, 213 N.C. 273, 282, 195 S.E. 824, 830 (1938). Defendant…