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STATE v. MOORE

No. 828SC1155.

303 S.E.2d 230 (1983)

STATE of North Carolina v. Arnold Ray MOORE.

Court of Appeals of North Carolina.

June 7, 1983.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Richard H. Carlton, Raleigh, for the State.

Appellate Defender Adam Stein by Asst. Appellate Defender Marc D. Towler, Raleigh, for defendant.

BECTON, Judge.

Defendant has assigned error to the denial of his motion to dismiss the charge of first degree burglary, the refusal of the court to instruct on misdemeanor breaking or entering, the portion of the jury charge explaining the defense of coercion, and the State's cross-examination of him about his prior criminal charges. We find merit in each assignment of error and order a new trial.

I

Defendant was found guilty of first degree burglary...

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