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STATE v. BAILEY

No. 128.

185 S.E.2d 683 (1972)

280 N.C. 264

STATE of North Carolina v. William BAILEY, Jr.

Supreme Court of North Carolina.

January 14, 1972.

Attorney(s) appearing for the Case

James R. Rogers, III, Raleigh, for defendant appellant.

Robert Morgan, Atty. Gen., and Edwin M. Speas, Jr., Staff Attorney, Raleigh, for the State of North Carolina.

HUSKINS, Justice:

The trial judge instructed the jury that "a .22 caliber pistol is a firearm." Defendant contends the court thus told the jury, in effect, that defendant used a firearm in the commission of the robbery, thereby relieving the State of the burden of proving an essential element of armed robbery. This is defendant's first assignment of error.

There is no merit in this assignment. The instruction merely...

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