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STATE v. ELLER

No. 363.

124 S.E.2d 806 (1962)

256 N.C. 706

STATE v. Claude Fray ELLER.

Supreme Court of North Carolina.

April 11, 1962.

Attorney(s) appearing for the Case

T. W. Bruton, Atty. Gen., Charles D. Barham, Jr., Asst. Atty. Gen. for the State.

McElwee and Hall, North Wilkesboro, for defendant.

PER CURIAM.

The Attorney General concedes that there was not sufficient evidence of culpable negligence adduced in the trial below to warrant its submission to the jury.

We concur in the view of the Attorney General. The evidence fails to show an intentional violation of G.S. § 20-146 or an unintentional violation of this statute, accompanied by such recklessness or irresponsible conduct, or heedless indifference...

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