we must arrest the judgment of the trial court. We note that defendant was not required to object to the indictment defect at trial in order to preserve the issue. A motion for arrest of judgment based upon the insufficiency of an indictment may be made for the first time on appeal. State v. Wallace, 25 N.C. App. 360, 363, 213 S.E.2d 420, 422 (1975). Further, under N.C.G.S. § 15A-1446(d)(1), a trial court’s lack of jurisdiction over the offense of which the defendant was convicted “may be the subject of appellate review even though no objection, minal defendant will not be heard to complain of a jury instruction given in response to his own request.” State v. McPhail, 329 N.C. 636, 643, 406 S.E.2d 591, 596 (1991); see also State v. Basden, 339 N.C. 288, 302, 451 S.E.2d 238, 246 (1994) (<HOLDING>), cert. denied, 515 U.S. 1152, 115 S. Ct. 2599,
holding that it was not error for the court to give a substantive new instruction to the jury after deliberations began where the instruction was given in court with the defendant and his counsel present holding that failure to request jury instruction about manner in which evidence was obtained was not error and thus did not constitute ineffective assistance because defendant was not entitled to instruction holding that issue of inadequate jury instruction was waived because the instruction given was the one expressly requested by defense counsel holding that when no objection was made to jury instruction evidence to support finding based on instruction should be assessed in light of the instruction given holding that the defendant could not appeal a jury instruction where he did not object to the challenged instruction but in fact requested it and stated he was satisfied with it