State v. Whetstone
212 N.C. App. 551
| N.C. Ct. App. | 2011Background
- Defendant was convicted of assault with a deadly weapon inflicting serious injury after trial testimony described a confrontation with Dula at Defendant's home following bar visits.
- Dula, a former Marine trained in hand-to-hand combat, testified that he assaulted Defendant and was later hospitalized for knife wounds and other injuries.
- Defendant testified that Dula attacked him from behind, choked him, and threatened to kill him, leading Defendant to swing a knife in self-defense.
- The trial court instructed the jury using Pattern Jury Instruction 308.40, which covers self-defense based on protection from bodily injury or offensive contact, not death or great bodily harm.
- The jury was charged that a knife is a deadly weapon and that the right to use force extends only to reasonably necessary force to protect against bodily injury or offensive contact.
- On appeal, the court held that the 308.40 instruction was incorrect under the evidence and that 308.45 (deadly-force self-defense) was the proper instruction; the error amounted to plain error and a new trial was granted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether self-defense instruction error occurred | Whetstone: 308.40 improperly framed self-defense to bodily injury rather than death/great bodily harm. | Whetstone: correct instruction should reflect potential deadly-force defense. | Instruction error; 308.45 proper; new trial granted. |
Key Cases Cited
- State v. Moore, 363 N.C. 793 (Nal. 2010) (self-defense instructions require consideration of evidence in light most favorable to defendant)
- State v. Torain, 316 N.C. 111 (1986) (plain error analysis; instructional impact on verdict must be probable)
- State v. Fletcher, 268 N.C. 140 (1966) (burden on State to prove lack of self-defense beyond reasonable doubt)
- State v. Clay, 297 N.C. 555 (1979) (deadly weapon per se vs. not; proper instruction depending on weapon)
- State v. Marsh, 293 N.C. 353 (1977) (self-defense instruction requires addressing defendant's evidence if present)
- State v. Riddick, 315 N.C. 749 (1986) (deadly weapon definitions and their impact on instruction)
- State v. Pearson, 288 N.C. 34 (1975) (deadly force vs. non-deadly force distinctions in self-defense)
- State v. Dooley, 285 N.C. 158 (1974) (self-defense standards and jury instruction requirements)