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STATE v. WILLIAMS

No. 926SC134.

434 S.E.2d 238 (1993)

STATE of North Carolina v. Roy Steven WILLIAMS.

Court of Appeals of North Carolina.

September 7, 1993.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Sp. Deputy Atty. Gen., T. Buie Costen, Raleigh, for the State.

Hux, Livermon & Armstrong by James S. Livermon, Jr., Enfield, for defendant-appellant.

McCRODDEN, Judge.

The sole assignment of error we consider pertains to the trial court's instruction defining for the jury the term "reasonable doubt." Defendant contends that he is entitled to a new trial because the instruction given was indistinguishable from the instruction found unconstitutional in Cage v. Louisiana, 498 U.S. 39, 111 S.Ct. 328, 112 L.Ed.2d 339 (1990). We agree that the trial court's instruction violated...

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