STATE v. ROACH

No. 146.

102 S.E.2d 413 (1958)

248 N.C. 63

STATE v. Arthur Jackson ROACH.

Supreme Court of North Carolina.

March 19, 1958.


Attorney(s) appearing for the Case

Gaston, Smith & Gaston, Belmont, by Harley B. Gaston, Belmont, for defendant, appellant.

George B. Patton, Atty. Gen., Claude L. Love, Asst. Atty. Gen., for the State.


HIGGINS, Justice.

The defendant was arrested by a highway patrolman about dark on April 28, 1957. The arresting officer followed the defendant on Highway No. 29 for a distance of three-tenths-mile, saw him cross over the center line in the four-lane highway, pull back to the extreme right lane, then cross to a sandwich shop on the left side of the highway. After examining the defendant's driver's license, the patrolman said he smelled alcohol on the defendant's breath...

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