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FOX v. SCHEIDT

No. 382.

84 S.E.2d 259 (1954)

241 N.C. 31

Raymond Ralph FOX, Petitioner, v. Edward SCHEIDT, Commissioner of Motor Vehicles of North Carolina, Respondent.

Supreme Court of North Carolina.

November 3, 1954.

Attorney(s) appearing for the Case

Harry McMullan, Atty. Gen., and Samuel Behrends, Jr., Member of Staff, Raleigh, for respondent-appellant.

Trivette, Holshouser & Mitchell, North Wilkesboro, for petitioner-appellee.

PARKER, Justice.

G.S.N.C. § 20-138 provides that it shall be unlawful and punishable, as provided in G.S.N.C. § 20-179, for any person who is under the influence of intoxicating liquor to drive any vehicle upon the highways within the State. G.S.N.C. § 20-179 provides that every person who is convicted of violating Section 20-138 shall, for the first offense, be punished by a fine of not less than one hundred dollars or imprisoned for not less than...

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