State v. Davis

WELLS, Judge.

In her brief, defendant contends that she is entitled to a new trial because the trial judge denied her request for an instruction to the jury that a person who is attacked in his own home is under no duty to retreat and may use reasonable force in self-defense.

The law of self-defense takes on an additional dimension if the accused is threatened or assaulted by the victim on the accused’s own premises. Our Supreme Court, in State v. Johnson, 261 N.C. 727, 136 S.E. 2d 84 (1964), stated the rule as follows:

Ordinarily, when a person who is free from fault in bringing on a…