State v. Anderson

MORRIS, Chief Judge.

Defendant’s appeal raises issues of the right of an individual to come to the aid of himself or another in defending against an arrest being effected by the alleged excessive use of force. Defendant contends that based upon the evidence presented in this case, he is entitled to an instruction defining his right to self-defense and defense of another. We agree.

It is elementary that the trial court, in its instructions to the jury, is required to declare and explain the law arising on the evidence. See G.S. 15A-1232. It, therefore, follows that the trial court is required to…