STATE v. CARTER

No. 7210SC487.

190 S.E.2d 241 (1972)

15 N.C. App. 391

STATE of North Carolina v. Manuel C. CARTER, Jr.

Court of Appeals of North Carolina.

August 2, 1972.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Associate Atty. Gen. William Lewis Sauls for the State.

Kirk & Ewell by Clarence M. Kirk, Wendell, for defendant appellant.


GRAHAM, Judge.

The sole question presented is whether the evidence was sufficient to withstand defendant's motion for nonsuit.

At the time of defendant's arrest, G.S. § 20-138 made it unlawful for a person under the influence of intoxicating liquor "to drive any vehicle upon the highways within this State." By amendment, effective 1 October 1971, this section was rewritten. It now provides: "It is unlawful . . . for any person who is under the influence...

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