State v. Hickman

CAMPBELL, Judge.

The defendant assigns as error the failure of the trial court to chargé on self-defense and the failure of the trial court in its charge to explain and define the element of assault. Under G.S. 1-180 it is the duty of the trial court to declare and explain the law arising from the evidence even without a special request for instruction. The defendant’s evidence, even though contradicted by the State, raised an issue of self-defense. Whether the defendant’s evidence is less credible than the State’s evidence is an issue for the jury, not the trial judge. The failure of the…