West law case - S.E.2d 2010 WL 325376(N.C Briefs and Other...

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--- S.E.2d ----, 2010 WL 325376 (N.C.) Briefs and Other Related Documents Only the Westlaw citation is currently available. Supreme Court of North Carolina. STATE of North Carolina v. Joshua Carlen MOORE. No. 60A09. Jan. 29, 2010. *1 Appeal pursuant to N.C.G.S. § 7A-30 (2) from the decision of a divided panel of the Court of Appeals, --- N.C.App. ----, 671 S.E.2d 545 (2009) , finding no error in a judgment entered 17 October 2007 by Judge Frank R. Brown in Superior Court, Edgecombe County, following a jury verdict finding defendant guilty of voluntary manslaughter. Heard in the Supreme Court 17 November 2009. Roy Cooper , Attorney General, by Jane Ammons Gilchrist , Assistant Attorney General, for the State. Thomas & Farris, PA, by Albert S. Thomas, Jr. ; and Newton, & Lee, by Eldon S. Newton, III , for defendant-appellant. BRADY , Justice. The sole issue before this Court is whether the trial court erred in denying defendant's requested instructions on self-defense and defense of a family member, instead instructing jurors that they were not to consider these defenses in their deliberations. We hold that the evidence, when viewed in the light most favorable to defendant, was sufficient to require the trial court to instruct the jury on the law of self-defense and defense of a family member. Accordingly, we reverse the decision of the Court of Appeals and remand to that court for further remand to the trial court for a new trial.
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BACKGROUND The State's evidence and defendant's evidence in this case varied in important respects. However, it was undisputed that on 8 July 2006, defendant Joshua Carlen Moore was sixty-four years old and working with his wife, Carol Moore, and his grandson at their produce stand in Rocky Mount. The couple's cash box was bolted to a folding table that was located behind the truck that contained much of the produce for sale. Sometime that morning, Emanuel Harris approached the couple's produce stand, walked over to the meat container, and began comparing different pieces of meat, stating he was attempting to find a piece suitable for his mother. Soon after that, a struggle erupted between Mrs. Moore and Harris when Harris attempted to steal the cash box and its contents. Charise Wilkins testified on behalf of the State that she was at the table at the time of the “tussle” and observed Harris attempt to take the cash box. She testified that she “want[ed] to say” that Harris still had his hands on the cash box when defendant jumped from the back of the truck and shot Harris once in the chest, killing him. State's witness Jasper Lindsey testified that he was present during the altercation, that Harris made “a gesture to swing to make [Mrs. Moore's] arms get out of the way,” and that Harris's hands were on the cash box when he was shot. Harris was unarmed at the time of the altercation.
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