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26 N.C. App. 193

215 S.E.2d 171

State v. Moore

Court of Appeals of North Carolina · decided 1975-06-04

Relies on State v. Mercer · State v. Dooley · 16 N.C. App. 597 - State v. Douglas

Good law ✅— No negative treatment on recordhow we know

Decided 1975-06-04

How this case has been cited

Cited by 16 later decisions — most recently September 2003

16 state decisions

1001975198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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HEDRICK, Judge.

¶1 Defendant contends the trial court failed to declare and explain the law arising on the evidence presented by him which tended to show that the shooting was accidental, a violation of G.S. 1-180. This assignment of error is sustained.

“G.S. 1-180 requires that the trial judge fully instruct the jury as to the law based on the evidence in the case. It is the duty of the court to charge the jury on all substantial features of the case arising on the evidence without special request therefore. (Citations omitted.) And all defenses presented by defendant’s evidence are substantial *195 features of the case. (Citations omitted.)” State v. Dooley, 285 N.C. 158, 163, 203 S.E. 2d 815, 818 (1974).

¶2 Here, defendant’s entire defense was his contention that the shot which struck Patricia Paxton was accidentally fired when Donna Edlum hit the shotgun with her hand. This was a substantial feature of the case and defendant was entitled to an instruction thereon withous special request. State v. Douglas, 16 N.C. App. 597, 192 S.E. 2d 643 (1972). Nowhere in his instructions did the trial judge charge the jury on the legal principles applicable to defendant’s defense of an accidental shooting nor did he apply the law to the evidence giving rise to this defense in his final mandate. This error by the trial judge was not cured by the mere statement in several portions of the charge that the State had to prove the defendant “intentionally and without justification” assaulted Patricia Paxton by shooting her with a shotgun. See State v. Dooley, supra; State v. Mercer, 275 N.C. 108, 165 S.E. 2d 328 (1969).

¶3 Defendant has other assignments of error which we do not discuss in view of the fact that they may not arise upon retrial of the case.

¶4 New trial.

Judges Britt and Martin concur.
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