Legal Opinion · Dissent

State v. Blue

Court of Appeals of North Carolina

Decided May 15, 2001No. COA00-235Published

1Dissent

*482HUNTER,

Judge, dissenting.

The majority rests its opinion on the fact that the trial court “twice instructed on self defense” in that it instructed the jury that if defendant was on his own premises and was preventing forcible entry into his place of residence, then defendant had a right to defend himself pursuant to N.C. Gen. Stat. § 14-51.1.1 agree that this is a correct statement of the law; however, because the trial court— at no time — explained the legal perimeters of one’s home or mentioned defendant’s right to defend himself within the curtilage of his home, I am of the opinion that the…

2Cases cited9 opinions

  1. Chambers Ex Rel. Chambers v. AllenSupreme Court of North Carolina · 1951
  2. Citizens National Bank v. PhillipsSupreme Court of North Carolina · 1952
  3. State v. BrowningCourt of Appeals of North Carolina · 1976
  4. Smith v. Safe Bus Co.Supreme Court of North Carolina · 1939
  5. State v. BradleyCourt of Appeals of North Carolina · 1983

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