STATE v. CAVINESS

No. 709SC40.

173 S.E.2d 12 (1970)

7 N.C. App. 541

STATE of North Carolina v. Thomas Jefferson CAVINESS.

Court of Appeals of North Carolina.

April 1, 1970.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan and Staff Attorney T. Buie Costen, Raleigh, for the State.

Blackwell M. Brogden, Durham, for the defendant appellant.


MALLARD, Chief Judge.

Defendant's fourth assignment of error complains of the admission of the testimony of the witness Evans relating to the result of a breathalyzer test. The exceptions upon which this assignment of error are based arose under the following circumstances: R. C. Evans, the only witness for the State testifying as to a breathalyzer test, testified and the following occurred:

"I am R. E. Evans, member of the State Highway Patrol and have been...

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