Opinion

State v. Lilley

  • 78 N.C. App. 100
  • 337 S.E.2d 89
  • 1985 N.C. App. LEXIS 4272
Court
Court of Appeals of North Carolina
Filed
Dec 3, 1985
Status
Published
Author
Becton
On the bench
Becton, Hedrick, Parker
Cited by
3 cases
Authority
More cited than 19.0%

The opinion

Judge BECTON

dissenting.

Believing that the trial judge committed “plain error” by failing to instruct the jury on the right of defendant to use force in self-defense without retreating because he was in his own home, I dissent. See State v. Odom, 307 N.C. 655 , 300 S.E. 2d 375 (1983). That the error prejudicially affected substantial rights of the defendant is buttressed by my belief that this is a close case on all issues, especially the issues involving whether defendant was the aggressor and the court’s obvious misstatement that Mike Wilson, the victim, “saw James Lilley [the defendant] holding a gun pointed in her direction” (referring to Wilson’s sister).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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