KEYSER, Justice.
The respondent was charged with three counts of breaking and entering into separate residences in the daytime with intent to commit larceny therein. Upon trial the jury returned verdicts of guilty on Counts 1 and 2, and not guilty on Count 3. Respondent's appeal is from the judgment entered on the guilty verdicts.
The respondent contends that the court erroneously charged the jury as follows:
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