State v. Norris

HUSKINS, Justice.

Defendant has posed numerous questions for review. We find it necessary to address only one of them, viz: Whether the trial court erred in its charge on self-defense. We conclude there was error in this respect which entitles defendant to a new trial.

Murder in the first degree is the unlawful killing of a human being with malice and with premeditation and deliberation. G.S. 14-17; State v. Wrenn, 279 N.C. 676, 185 S.E. 2d 129 (1971).

Murder in the second degree is the unlawful killing of a human being with malice but without premeditation and deliberation. State v. Foust, 258…