STATE v. COLE

No. 145.

86 S.E.2d 203 (1955)

241 N.C. 576

STATE v. R. G. COLE.

Supreme Court of North Carolina.

March 9, 1955.


Attorney(s) appearing for the Case

Atty. Gen. Harry McMullan and Asst. Atty. Gen. Claude L. Love, for the State.

Stover P. Dunagan, Rutherfordton, and Charles L. Dalton, Spindale, for defendant, appellant.


BOBBITT, Justice.

Defendant's primary contention is that the evidence, considered in the light most favorable to the State, was insufficient to warrant submission to the jury and to support the verdict and judgment.

The ultimate test is whether or not defendant was under the influence of intoxicating liquor when driving a motor vehicle upon a public highway. G.S. § 20-138; State v. Carroll, 226 N.C. 237, 37 S.E.2d 688.

Defendant emphasizes the...

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