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STATE v. COVINGTON

No. 795SC1021.

268 S.E.2d 231 (1980)

48 N.C. App. 209

STATE of North Carolina v. David E. COVINGTON.

Court of Appeals of North Carolina.

August 5, 1980.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Amos C. Dawson, III, Raleigh, for the State.

Harold P. Laing, Wilmington, for defendant-appellant.

PARKER, Judge.

While instructing the jury on the lesser included offense of reckless driving, the trial judge stated the contentions of the state and then stated the following:

The defendant, on the other hand, contends that you should not find him guilty of this. The defendant contending that at this time in the morning on a street such as Greenfield Street and 13th Avenue that there was very little or no traffic. In fact, there is no evidence there was...

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