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STATE v. CHAVIS

No. 726SC227.

190 S.E.2d 374 (1972)

15 N.C. App. 566

STATE of North Carolina v. Melvin Hunter CHAVIS.

Court of Appeals of North Carolina.

August 2, 1972.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by Asst. Attys. Gen. William W. Melvin and William B. Ray, for the State.

Jones, Jones & Jones by L. Herbin, Jr., Ahoskie, for defendant appellant.

PARKER, Judge.

In assignment of error 13, defendant contends the court erred in overruling his objection to and subsequent motion to strike testimony that a breathalyzer test was administered and that the reading was.15 percent. This assignment of error is well taken. G.S. § 20-139.1(b) in pertinent part reads: "Chemical analyses of the person's breath or blood, to be considered valid under the provisions of this section...

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