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STATE v. FURR

No. 7526SC151.

215 S.E.2d 840 (1975)

26 N.C. App. 335

STATE of North Carolina v. Darrell Mitchell FURR, alias Mickey Wilkerson.

Court of Appeals of North Carolina.

June 18, 1975.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. John M. Silverstein, Raleigh, for the State.

William F. Hulse, Charlotte, for defendant-appellant.

MORRIS, Judge.

With commendable candor, the State calls our attention to the following portion of the trial court's instruction with respect to the charge of discharging a firearm into an occupied building:

"Members of the jury, the defendant is also charged with discharging a firearm into an occupied building. Now, I charge that for you to find the defendant guilty of discharging a firearm into occupied property, the State must prove three things beyond...

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