Court of Appeals of North Carolina June 20, 2017, COA16-883 (State v. Cook)

STROUD, Judge, dissenting.

Because I believe that the majority failed to rely on the dispositive law in this case, North Carolina General Statute § 14-51.2, I dissent.

While the State may characterize defendant's testimony in a slightly different way, when considering whether to provide the self-defense instruction to the jury the trial court was required to view defendant's evidence as true.