N.C.P.I.—Civil 800.56

The (state number) issue reads:

"Was the defendant's [assault] [battery] on the plaintiff a

reasonable defense of property?"

You are to answer this issue only if you have answered the (state

number) issue "Yes" in favor of the plaintiff.

On this issue the burden of proof is on the defendant.1 This means

that the defendant must prove, by the greater weight of the evidence,

four things:2

First, that the defendant was in possession of the (name property)

as [its owner] [an agent for its owner] [an employee of its owner].

Second, that the defendant reasonably believed that the plaintiff

was about to [injure] [destroy] [unlawfully take] the (name property).

Third, that to prevent the plaintiff from [injuring] [destroying]

[unlawfully taking] the (name property), the defendant reasonably

believed he had to use force.

Fourth, that the defendant used no more force against the plaintiff

than was reasonably necessary under the circumstances to prevent [injury

to] [destruction of] [the unlawful taking of] the (name property).3

Finally, as to this issue on which the defendant has the burden of

proof, if you find by the greater weight of the evidence that the

defendant's [assault] [battery] on the plaintiff was a reasonable defense

of property, then it would be your duty to answer this issue "Yes" in favor

of the defendant.

If, on the other hand, you fail to so find, then it would be your duty

to answer this issue "No" in favor of the plaintiff.