Criminal prosecution on an indictment charging that defendant on 30 December 1963 feloniously, wilfully, and of her malice aforethought did kill and murder William Shaw. G.S. 15-144. William Shaw was defendant's husband. Prior to the commencement of the trial, the prosecuting officer for the State announced that he would not ask for a verdict higher than murder in the second degree.
Plea: Not guilty. Verdict: Guilty of manslaughter.
From a judgment of imprisonment in the Women's Division of the State Prison for a period of not less than five years nor more than seven years, defendant appeals.
PER CURIAM.
Defendant offered evidence tending to show that she killed her husband in self-defense. Her sole assignment of error, except two formal ones, is to a portion of the charge in respect to her defense that she killed her husband in self-defense. A charge must be read as a whole and not in detached fragments. A close study of the judge's charge in its entirety shows clearly that the court charged fully, amply, and correctly on all aspects of the law of self-defense arising upon the evidence in the case, and that the law given the jury for its guidance in determining the merits of defendant's claim of self-defense was as declared in the following cases, and almost in the verbatim language of these cases: S. v. Fowler, 250 N.C. 595, 108 S.E.2d 892; S. v. Goode, 249 N.C. 632, 107 S.E.2d 70; S. v. Rawley, 237 N.C. 233, 74 S.E.2d 620; S. v. Ellerbe, 223 N.C. 770, 28 S.E.2d 519; S. v. Robinson, 213 N.C. 273, 195 S.E. 824; S. v. Marshall, 208 N.C. 127, 179 S.E. 427.
In the trial below we find
No error.