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STATE v. STAUFFER

No. 340.

145 S.E.2d 917 (1966)

266 N.C. 358

STATE v. John Jacob STAUFFER.

Supreme Court of North Carolina.

January 14, 1966.

Attorney(s) appearing for the Case

Atty. Gen. T. W. Bruton and Asst. Atty. Gen. Bernard A. Harrell, for the State.

Turner & Harrison, Kinston, for defendant appellant.

PER CURIAM.

G.S. § 20-139.1(a) provides that in any criminal action arising out of acts alleged to have been committed by any person while driving a vehicle under the influence of intoxicating liquor, the amount of alcohol in the person's blood at the time alleged, as shown by chemical analysis of the person's breath, shall be admissible in evidence. However, paragraph (b) of this section states expressly, "[I]n no case shall the arresting officer or officers...

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