State v. Lynch

ERWIN, Judge.

It is the rule in this jurisdiction that if a specifically requested jury instruction is proper and supported by the evidence, the trial court must give the instruction, at least in substance. State v. Bolton, 28 N.C. App. 497, 221 S.E. 2d 747, appeal dis missed, 289 N.C. 616, 223 S.E. 2d 390 (1976). Thus, our initial inquiry is to determine whether the requested instructions were proper.

The requested instructions read:

“(1) ‘Religious denomination’ as used in the marriage statute GS § 51-1, means an established organization of individuals or groups of individuals united for the…