State v. Pritchard

180 S.E.2d 370, 11 N.C. App. 166, 1971 N.C. App. LEXIS 1474

Opinion

BROCK, Judge.

Defendants assign as error that the trial judge refused to submit to' the jury the issue of self-defense.

There is no evidence in this record upon which to base a reasonable inference that defendants cut, or assaulted, the victim in self-defense. The State’s evidence discloses a senseless and unprovoked cutting of the victim. The defendants’ evidence discloses a ■ senseless and unprovoked assault upon them by the victim. Nowhere did their evidence indicate that they cut or assisted in cutting the victim in self-defense; all of their evidence tends to show that the victim was not cut.

The trial judge was correct in refusing to submit the issue of self-defense.

No error.

Judges Morris and Hedrick concur.