No. 698SC151.

167 S.E.2d 841 (1969)

5 N.C. App. 21

STATE of North Carolina v. Samuel BRYANT.

Court of Appeals of North Carolina.

June 18, 1969.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, Deputy Atty. Gen. Harrison Lewis, and Asst. Atty. Gen. Henry T. Rosser, for the State.

Turner & Harrison by Fred W. Harrison, Kinston, for defendant appellant.

MALLARD, Chief Judge.

Defendant contends that the court committed error and violated the provisions of G.S. § 8-53 in permitting the witnesses for the State, Mrs. Wadsworth, Mr. Lutz, and Dr. Whitaker to testify over his objection to facts concerning the taking and examining of the defendant's blood for the purpose of determining its alcoholic content. The blood sample was not taken at the request of the officer, but was taken at the direction of the attending...

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