STATE v. POWELL

No. 38.

184 S.E.2d 243 (1971)

279 N.C. 608

STATE of North Carolina v. William Tyrone POWELL.

Supreme Court of North Carolina.

November 10, 1971.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, Asst. Attys. Gen. William W. Melvin and T. Buie Costen, for the State.

William T. McCuiston, Raleigh, for defendant appellant.


MOORE, Justice.

Defendant presented only one assignment of error to the Court of Appeals, which he brings forward to this Court: Did the trial court err when it ruled that the breathalyzer reading in this case was admissible in evidence? The Court of Appeals held not. We agree with the Court of Appeals.

G.S. § 20-139.1 in pertinent part provides:

"Results of chemical analysis admissible in evidence; presumption.—(a) In any criminal action...

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