State v. Tann

MORRIS, Chief Judge.

Defendant by his first assignment contends that the trial court committed reversible error by failing to instruct the jury regarding what circumstances should be considered in determining the reasonableness of defendant’s apprehension of death or great bodily harm.

The reasonableness of the apprehension must be determined by the jury on the basis of all facts and circumstances as they appeared to defendant at the time of the shooting. State v. Ellerbe, 223 N.C. 770, 28 S.E. 2d 519 (1944).

Among the circumstances to be considered by the jury are the size, age and strength of…