State v. Musselwhite

MARTIN (Robert M.), Judge.

The defendant’s first assignment of error concerns the failure of the trial judge to submit to the jury the issue of self-defense. The trial judge is required to charge on self-defense, even without a special request, when there is some construction of the evidence from which could be drawn a reasonable inference that the defendant assaulted the victim in self-defense. State v. Goodson, 235 N.C. 177, 69 S.E. 2d 242 (1952); State v. Lewis, 27 N.C. App. 426, 219 S.E. 2d 554 (1975), cert. denied, 289 N.C. 141, 220 S.E. 2d 799 (1976). No construction of the evidence in…