Supreme Court of North Carolina

State v. Swindell

November 4, 2022

Summary

The Supreme Court of North Carolina reversed the Court of Appeals, holding that the defendant was not entitled to a jury instruction on justification as a defense to possession of a firearm by a felon because he failed to satisfy the second element of the Mercer justification test. The Court reviewed the evidence de novo and concluded the trial court’s denial of the instruction was not prejudicial error.