State v. Barnette

Defendant’s sole assignment of error is that the judge’s charge to the jury constituted prejudicial error in that its effect was to charge that defendant’s right of self-defense could only be lawfully exercised if he were faced with an assault likely to cause his death or great bodily harm and thereby implying that the defendant had no right of self-defense if the assault upon him was nonfelonious or not likely to cause his death or great bodily harm.

In support of this contention, defendant excepted to and assigns as error among others the following portion of the charge:

“If you find the…