State v. Mensch

CLARK, Judge.

The trial court denied the request of the defendant to instruct the jury on self-defense.

Officer Morgan had the right to arrest the defendant without a warrant if he had probable cause to believe that defendant committed a criminal offense in his presence. G.S. 15A-401(b)(l). See State v. Harris, 279 N.C. 307, 182 S.E. 2d 364 (1971). The arrest was made after the officer observed defendant’s erratic driving on a public highway and after smelling the odor of alcohol on his breath. Defendant does not contend that the arrest was unlawful.

In making the lawful arrest Officer Morgan…