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STATE v. GODWIN

No. 8220SC340.

297 S.E.2d 623 (1982)

STATE of North Carolina v. Eddie GODWIN.

Court of Appeals of North Carolina.

December 7, 1982.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Sp. Deputy Atty. Gen. Lester V. Chalmers, Jr., Raleigh, for the State.

Appellate Defender Adam Stein by Asst. Appellate Defender Ann B. Peterson, Raleigh, for defendant, appellant.

HEDRICK, Judge.

The only assignment of error brought forward and argued in defendant's brief is as follows:

The Court erred in instructing the jury that the obtaining of insurance proceeds by the burning of a vehicle would be specific intent to injure or prejudice the State Farm Insurance Company, in that the instruction given was erroneous and amounted to a conclusive presumption on an element of the offense, thereby depriving the defendant of his rights...

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