PER CURIAM:
This appeal was docketed on January 31, 1977 and came on for final argument on February 26, 1980. It is an appeal by Frederick Dolan Whiting from his conviction of breaking and entering in the Circuit Court of Roane County and subsequent sentence of one to ten years in the penitentiary. Six errors by the trial court are alleged, but we address only one and reverse the case on that point.
State's Instruction No. 1 was given as follows:
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