With no explanation, chose the best option from "A", "B", "C" or "D". responding to defendant’s motion in limine to exclude the videotape from admission into evidence, the trial justice ruled that the audio recorder in the video camera was “the acquiring mechanism which intercepted the oral communications between the parties.” The state has the burden of proving every element of a crime beyond a reasonable doubt. See State v. Mora, 618 A.2d 1275, 1280 (R.I.1993) (“When the state prosecutes a defendant, it carries the burden of proving every element necessary to the charge beyond a reasonable doubt, even if some of those elements may not be disputed.”). In this case, the trial justice “read[] the statute [under which defen dant was charged] and * * * attempted] to summarize the elements in his own words.” State v. Durfee, 666 A.2d 407, 409 (R.I.1995) (<HOLDING>). Merely by failing in the jury instructions to

A: holding that where a collective bargaining agreements terms are clear but the management has engaged in contrary practice for a number of years the words of the agreement must be enforced
B: holding that this court has long approved of the practice by which a trial justice reads the statute and    attempts to summarize the elements in his own words
C: holding that although the trial justice did not adopt the specific language that defendant requested be used in instructing the jury    the trial justice adequately and accurately instructed the jury as to that element of the charge
D: recognizing that this courts construction of a statute becomes as much apart of the statute as the words of the statute itself and that change is a matter that addresses itself to the general assembly not this court
B.