State v. Graves

BALEY, Judge.

The defendant assigns as error the failure of the court to charge the jury that he as a private citizen had the right to interfere in order to prevent Samuel Graves from committing a felonious assault on Beverly Henderson.

A private citizen has a right to go to the defense of another if he has a well grounded, belief that a felonious assault is about to be committed wpon such other person. In fact, it is his duty to interfere to prevent the supposed crime. State v. Hornbuckle, 265 N.C. 312, 144 S.E. 2d 12; State v. Robinson, 213 N.C. 273, 195 S.E. 824; State v. Clark, 134 N.C.…