STATE v. WARF

No. 7211SC585.

192 S.E.2d 37 (1972)

16 N.C. App. 431

STATE of North Carolina v. James Calvin WARF.

Court of Appeals of North Carolina.

October 25, 1972.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, by Associate Atty. Gen. E. Thomas Maddox, Jr., for the State.

Pittman, Staton & Betts, by William W. Staton and Ronald Penny, Sanford, for defendant appellant.


BRITT, Judge.

Defendant's assignments of error all question the admissibility into evidence, over defendant's objection, of the results of a breathalyzer test given to defendant when there was no evidence presented by the State that (1) the test was administered according to methods approved by the State Board of Health and that (2) the test was administered by a person possessing a valid permit issued by the State Board of Health for that purpose, as required by...

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