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STATE v. BRAY

No. 7828SC15.

245 S.E.2d 190 (1978)

37 N.C. App. 43

STATE of North Carolina v. Floyd Douglas BRAY.

Court of Appeals of North Carolina.

June 20, 1978.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Charles J. Murray, Raleigh, for the State.

J. Lawrence Smith, Asheville, for defendant appellant.

BRITT, Judge.

Defendant contends the trial court committed prejudicial error in giving the following instruction to the jury: "There is evidence which tends to show that the defendant confessed that he committed the crime charged in this case." We think the contention has merit in view of the evidence in this case.

Defendant argues that while he admitted firing the gun that killed decedent, that he did not "confess" murdering or otherwise

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