{
  "id": 8562665,
  "name": "STATE v. MELVIN CLOER",
  "name_abbreviation": "State v. Cloer",
  "decision_date": "1966-03-09",
  "docket_number": "",
  "first_page": "672",
  "last_page": "673",
  "citations": [
    {
      "type": "official",
      "cite": "266 N.C. 672"
    }
  ],
  "court": {
    "name_abbreviation": "N.C.",
    "id": 9292,
    "name": "Supreme Court of North Carolina"
  },
  "jurisdiction": {
    "id": 5,
    "name_long": "North Carolina",
    "name": "N.C."
  },
  "cites_to": [
    {
      "cite": "110 S.E. 2d 481",
      "category": "reporters:state_regional",
      "reporter": "S.E.2d",
      "opinion_index": 0
    },
    {
      "cite": "251 N.C. 81",
      "category": "reporters:state",
      "reporter": "N.C.",
      "case_ids": [
        8622547
      ],
      "opinion_index": 0,
      "case_paths": [
        "/nc/251/0081-01"
      ]
    }
  ],
  "analysis": {
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  "last_updated": "2023-07-14T18:16:51.556627+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Mooee, J., not sitting."
    ],
    "parties": [
      "STATE v. MELVIN CLOER."
    ],
    "opinions": [
      {
        "text": "PeR Cubiam.\nThe defendant was not charged with murder, but an assault. It was error to place on him the burden of proving that he acted in self-defense. S. v. Sandlin, 251 N.C. 81, 110 S.E. 2d 481 and cases there cited.\nThe defendant is entitled to a\nNew trial.\nMooee, J., not sitting.",
        "type": "majority",
        "author": "PeR Cubiam."
      }
    ],
    "attorneys": [
      "Attorney General Bruton and Assistant Attorney General Millard R'. Rich, Jr., for the State.",
      "Frank P. Cooke and Tom D. Efird for the defendant appellant."
    ],
    "corrections": "",
    "head_matter": "STATE v. MELVIN CLOER.\n(Filed 9 March, 1966.)\nAssault and Battery \u00a7 13\u2014\nIn a prosecution for assault, it is error for the court to place the burden upon defendant to prove self-defense.\nMooee, J., not sitting.\nAppeal by defendant from Falls, J., August 30, 1965 Criminal Session Gaston Superior Court. The defendant was charged in a warrant with an assault on Robert David Mitchell on August 4, 1965. Upon his conviction in the Municipal Court of Gastonia, he appealed to the Superior Court and upon trial before a jury was found guilty of the charge.\nIn support of his plea of not guilty, the defendant testified that he acted in self-defense after having been attacked by Mitchell.\nThe court charged the jury \u201cApplying the principle of self-defense which the Court just read to you, apply that to the evidence in this case; and if you find that \u2014 And the defendant is not required to satisfy you of any right of self-defense beyond a reasonable doubt. The only thing he is required to do is to satisfy this Jury that what he did was in self-defense of himself.\u201d\nUpon his conviction, sentence was imposed and the defendant appealed.\nAttorney General Bruton and Assistant Attorney General Millard R'. Rich, Jr., for the State.\nFrank P. Cooke and Tom D. Efird for the defendant appellant."
  },
  "file_name": "0672-01",
  "first_page_order": 708,
  "last_page_order": 709
}