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State v. Norman

Court of Appeals of North Carolina

366 S.E.2d 586 (1988)

Relevant factsFree

Norman (defendant) shot and killed her sleeping husband after two decades of severe physical and psychological abuse, including forced prostitution, beatings, starvation, and repeated death threats; she testified that whenever she tried to leave, he found and beat her, and that she believed he would eventually kill her. Expert testimony established she suffered from battered spouse syndrome and genuinely believed killing him was her only option to save her own life. The trial court refused to instruct the jury on self-defense because her husband was not actively threatening her at the moment of the killing.

IssueFree

Whether a defendant is entitled to a jury instruction on self-defense even if the victim is not threatening the defendant's life at the time of the killing.

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