Supreme Court of North Carolina

State of North Carolina v. Lee Isaac Blue

June 28, 2002356 N.C. 79

Summary

The Court held that whether a dwelling's porch falls within the statutory defense of habitation is a fact question for the jury, and that the trial court improperly resolved that question by instructing that a porch is not inside the home. Because that instruction could have prevented the jury from considering the statutory defense and could have affected the manslaughter verdict, the Court reversed and remanded for a new trial. No separate opinions were filed.