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State v. Norman

(1988)

North Carolina Court of Appeals - 366 S.E.2d 586, 89 N.C. App. 384

tl;dr:

Perfect self-defense is a complete justification that requires a reasonable belief that force was necessary to prevent imminent danger. Imminence requires a present threat and no possibility of retreat.

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Facts & HoldingState v. Norman case brief facts & holding

Facts:The victim was the defendant's husband. He severely battered and...

Holding:The court held that the defendant was not entitled to...

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State v. Norman | Case Brief DeepDive
Majority opinion, author: PARKER, Judge.
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The defendant, who had been abused by her husband for 25 years, shot and killed him after he beat her all day. Despite presenting evidence of abuse and expert testimony on battered spouse syndrome, the trial court failed to instruct on self-defense. The defendant's act of shooting the decedent, who was asleep at the time, can still be considered self-defense because the decedent had been continuously beating and threatening to kill the defendant earlier that day. The defendant was entitled to an instruction on perfect self-defense in addition to the instruction on voluntary manslaughter. A new trial is ordered.

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