State v. McCombs

BRANCH, Justice.

The single question before us for decision is whether the Court of Appeals erred in granting a new trial on the ground that the trial court failed to give a full instruction on the defense of home and property. In his oral argument, defense counsel conceded, and properly so, that the trial judge in all other respects correctly charged on self-defense. In the admittedly correct charge on self-defense, the trial judge, in part, charged:... If defendant reasonably believed that a murderous assault was being made upon him in his own home, he was not required to retreat but could…