State v. Lewis

In State v. Lewis, 27 N.C. App. 426, 433, 219 S.E.2d 554, 559 (1975), disc. review denied, 289 N.C. 141, 220 S.E.2d 799 (1976), the defendant testified that as she was driving her car, her ex-husband was pursuing her. 27 N.C. App. at 428, 219 S.E.2d at 556. When she was unable to elude him, she parked her car, took out a gun because she feared her ex-husband also had a gun, and approached the window of his truck. Id. As the two of them argued, the ex-husband got of his truck and advanced on the defendant. Id. at 428-29, 219 S.E.2d at 556. They struggled, and the defendant shot her ex-husband, resulting in his death. Id., 219 S.E.2d at 556-57. The Court concluded that "no construction of the evidence" supported the giving of a self-defense instruction. Id. at 433, 219 S.E.2d at 559. S