STATE v. MEDLIN

No. 434.

108 S.E.2d 855 (1959)

250 N.C. 601

STATE v. Samuel Richard MEDLIN.

Supreme Court of North Carolina.

June 12, 1959.


Attorney(s) appearing for the Case

H. F. Seawell, Jr., Carthage, for defendant-appellant.

Malcolm B. Seawell, Atty. Gen., and Harry W. McGalliard, Asst. Atty. Gen., for the State.


PER CURIAM.

The action of the court in submitting the case to the jury only upon the charge of operating a vehicle on a public highway while under the influence of intoxicating liquor and the verdict of guilty only as to that offense are tantamount to a verdict of not guilty on the charges of assault, resisting arrest and failing to stop for a siren. State v. Wolfe, 227 N.C. 461, 463, 42 S.E.2d 515. Thus the question of the correctness of the judge's ruling on the...

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