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STATE v. HUNT

No. 8821SC381.

372 S.E.2d 744 (1988)

91 N.C. App. 574

STATE of North Carolina v. Darryl Eugene HUNT.

Court of Appeals of North Carolina.

October 18, 1988.

Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Steven F. Bryant, Raleigh, for the State.

Ferguson, Stein, Watt, Wallas & Adkins by Adam Stein, Chapel Hill, and James E. Ferguson, II, Charlotte, for defendant-appellant.

ARNOLD, Judge.

As his first assignment of error defendant contends that the trial court erroneously instructed the jury that it could convict defendant of second degree murder if it found that he acted in concert with Mitchell "with a common purpose to commit robbery." We agree.

Defendant contends that this portion of the instructions constitute error:

Now for a person to be guilty of a crime, it is not necessary that he himself do all the acts necessary...

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