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STATE v. ESTES

No. 7920SC1118.

265 S.E.2d 460 (1980)

STATE of North Carolina v. Chester ESTES.

Court of Appeals of North Carolina.

May 6, 1980.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Thomas B. Wood, Raleigh, for the State.

Joe P. McCollum Jr., Monroe, for defendant-appellant.

HILL, Judge.

Defendant brings forward five assignments of error, but we consider one question to be dispositive.

The defendant contends the trial judge committed prejudicial error by failing to instruct the jury on the elements of the crime of safecracking and attempted safecracking as was the law on 13 December 1976.

G.S. 14-89.1 on the date of the crime provided:

Any person who shall by the use...

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