State v. . Reynolds

Stacy, 0. J.

It is the position of the defendant that the presumptions arising from an intentional killing with a deadly weapon, to wit, the unlawfulness of the killing and malice (S. v. Keaton, 206 N. C., 682, 175 S. E., 296), are rebutted by the State’s own evidence, and that upon the whole case he is entitled to an acquittal. S. v. Gregory, 203 N. C., 528, 166 S. E., 387; S. v. Carter, 204 N. C., 304, 168 S. E., 204. We agree with the trial court that the evidence is such as to require its submission to the jury. While one is permitted to kill in defense of himself, his family or…