State v. Herbin

The sole exception brought forward and argued as required by Rule 28 of the Rules of Practice in the Supreme Court, 221 N.C. 562, is the exception to the following portion of his Honor’s charge: “Now the court charges you if you find from the evidence in this case that the defendant did point this pistol at James Dawkins, that he then made the first assault because that would be an assault with a deadly weapon within the meaning of the law.”

The court had previously charged the jury correctly on the law of self-defense as it applies to one who is in a place where he has a right to be, in his…