Legal Opinion

State v. Badson

Court of Appeals of North Carolina

Decided July 21, 2015No. COA14–1321PublishedCited by 2 opinions

1Opinion of the Court

INMAN, Judge.

Defendant Tyrone Badson appeals the judgment entered after a jury found him guilty of driving while impaired ("DWI"). Defendant contends that the trial court erred by refusing to instruct the jury on the defense of necessity.

After careful review of the record, which does not include evidence sufficient to support essential elements of the necessity defense, we conclude that defendant's trial was free of error.

Factual and Procedural Background

On 24 March 2012, defendant, who had recently moved to Raleigh, went to a pool hall in Cary. According to his trial testimony, after a few…

2Cases cited10 opinions

  1. State v. SmithSupreme Court of North Carolina · 1980
  2. State v. SmarrCourt of Appeals of North Carolina · 2001
  3. State v. KearnsCourt of Appeals of North Carolina · 1975
  4. State v. HudginsCourt of Appeals of North Carolina · 2005
  5. State v. MonroeCourt of Appeals of North Carolina · 2014

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3Cited by2 opinions

  1. State v. MillerCourt of Appeals of North Carolina · 2018
  2. State v. MillerCourt of Appeals of North Carolina · 2018

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