BRITT, Judge.
In his sole assignment of error, defendant contends that the trial judge did not properly "declare and explain the law arising on the evidence" and did not "state the evidence to the extent necessary to explain the application of the law thereto" as required by G.S. § 1-180.
G.S. § 14-89.1 under which defendant was indicted provides as follows:
"Any person who shall by the use of explosives, drills, or other tools unlawfully...
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