State v. Mcarthur

In State v. McArthur, 186 N.C. App. 373, 377, 651 S.E.2d 256, 258 (2007) (No. COA06-1465), this Court reversed and ordered a new trial where the trial court instructed the jury to find the defendant not guilty if they found defendant had acted in self-defense, but did not give the instruction that if the State failed to meet its burden as to one of the elements of the offense, the jury was required to find the defendant not guilty. McArthur relied upon State v. Dallas, 253 N.C. 568, 569, 117 S.E.2d 415, 416 (1960). In Dallas, the Supreme Court granted a new trial where the trial court failed to instruct the jury that the defendant must be acquitted if the State failed to prove each element of the offense charged and also for limiting the charge of not guilty to a finding of not guilty by self-defense. Id.