State v. Moore, 363 N.C. 793 (Jan. 29, 2010)

The trial court erred by refusing to instruct the jury on self-defense and defense of a family member. Viewed in the light most favorable to the defendant, the evidence showed that the defendant was at his produce stand; the victim was a 16-year-old male, approximately 6 feet tall and 180 pounds; the victim had a physical altercation with the defendant’s wife as he attempted to rob the cash box; the victim struck at the defendant’s wife and violently pulled at the cash box; the defendant’s wife, was “scared to death” and cried out for her husband; when the defendant ordered the victim to “back off”, the victim did so, but placed his hand in his pocket, and as he again approached the defendant and the defendant’s wife, began to pull his hand from his pocket; and defendant shot the victim once because he feared for the safety of his wife, his grandson, and himself. The defendant’s evidence was sufficient to show that he believed that it was necessary to use force to prevent death or great bodily injury to himself or a family member.