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STATE v. BUCHANAN

No. 7529SC695.

220 S.E.2d 207 (1975)

28 N.C. App. 163

STATE of North Carolina v. Thomas Howell BUCHANAN.

Court of Appeals of North Carolina.

Certiorari Denied March 2, 1976.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Attorney Wilton E. Ragland, Jr., Raleigh, for the State.

Swain & Leake by Robert S. Swain and Joel Stevenson, Asheville, for defendant-appellant.

Certiorari Denied by Supreme Court March 2, 1976.

HEDRICK, Judge.

Defendant excepted to and assigns as error the following portion of the court's final mandate to the jury:

"Now, members of the jury, in connection with the second issue, you will recall the definitions which the court earlier gave to you on assault with a deadly weapon and so forth. So the court instructs you that if you find from the evidence and beyond a reasonable doubt that the...

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