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STATE v. GRANT

No. 688SC256.

165 S.E.2d 505 (1969)

3 N.C. App. 586

STATE of North Carolina v. Charles Fountain GRANT.

Court of Appeals of North Carolina.

February 5, 1969.

Attorney(s) appearing for the Case

Atty. Gen. T. W. Bruton, Asst. Atty. Gen. William W. Melvin, and Staff Attorney T. Buie Costen, Raleigh, for the State.

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

MALLARD, Chief Judge.

Defendant contends the trial court committed error in the charge in stating a stipulation entered into by the State and the defendant. On page fourteen of the record the stipulation is set out as follows:

"At this point it is stipulated that if Mr. Lutz were present in Court he would stipulate that he had administered a blood alcohol test on the defendant and that the test showed that the defendant had a content of point twenty-two ...

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