State v. Cook

Because I believe that the majority failed to rely on the dispositive law in this case, North Carolina General Statute § 14-51.2, I dissent.

While the State may characterize defendant's testimony in a slightly different way, when considering whether to provide the self-defense instruction to the jury the trial court was required to view defendant's evidence as true. See State v. Whetstone , 212 N.C. App. 551, 554-55, 711 S.E.2d 778, 781-82 (2011) ("Our Supreme Court has held when there is evidence from which it may be inferred that a defendant acted in self-defense, he is entitled to have this…