State v. Dorsey

Court of Appeals of North Carolina

State v. Dorsey

250 S.E.2d 327, 39 N.C. App. 480, 1979 N.C. App. LEXIS 2507

CourtCourt of Appeals of North Carolina

DecidedJanuary 16, 1979

DocketNo. 7827SC790

StatusPublished

This text of 250 S.E.2d 327 (State v. Dorsey) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Dorsey, 250 S.E.2d 327, 39 N.C. App. 480, 1979 N.C. App. LEXIS 2507 (N.C. Ct. App. 1979).

Pincite

Opinion

PARKER, Judge.

Defendant contends inter alia that the trial court’s failure to instruct the jury on self defense was reversible error. We agree.

It is undisputed that Sheppard was armed with a pistol. The defendant’s evidence showed that Sheppard was brandishing this gun and threatening to kill defendant before defendant was himself handed a pistol by his wife. Defendant testified that Shep[481]*481pard shot first as Doris Ann Dorsey was handing defendant the pistol. Doris Ann Dorsey also testified that Sheppard fired while she was handing defendant the pistol. Defendant’s eight year old daughter Vickie Ann Dorsey testified that Sheppard fired first. This evidence raised an issue of self defense in this case, and the trial court was required to instruct the jury accordingly.

New trial.

Judges Hedrick and Erwin concur.

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PARKER, Judge.

Defendant contends inter alia that the trial court’s failure to instruct the jury on self defense was reversible error. We agree.

It is undisputed that Sheppard was armed with a pistol. The defendant’s evidence showed that Sheppard was brandishing this gun and threatening to kill defendant before defendant was himself handed a pistol by his wife. Defendant testified that Shep[481]*481pard shot first as Doris Ann Dorsey was handing defendant the pistol. Doris Ann Dorsey also testified that Sheppard fired while she was handing defendant the pistol. Defendant’s eight year old daughter Vickie Ann Dorsey testified that Sheppard fired first. This evidence raised an issue of self defense in this case, and the trial court was required to instruct the jury accordingly.

New trial.

Judges Hedrick and Erwin concur.

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Bluebook (online)

250 S.E.2d 327, 39 N.C. App. 480, 1979 N.C. App. LEXIS 2507, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-dorsey-ncctapp-1979.