# State v. Lilley

> Court of Appeals of North Carolina · December 3, 1985 · 78 N.C. App. 100

URL: https://www.frixlaw.com/law-library/cases/8908030

## Case

- **Full name:** STATE OF NORTH CAROLINA v. JAMES CLIFFORD LILLEY
- **Court:** Court of Appeals of North Carolina
- **Decided:** December 3, 1985
- **Citations:** 78 N.C. App. 100; 337 S.E.2d 89; 1985 N.C. App. LEXIS 4272
- **Precedential status:** Published
- **Opinion:** Dissent by Becton
- **Judges:** Becton, Hedrick, Parker
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8908030

## Opinion text

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).

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8908030. Public record. Not legal advice.