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STATE v. SHERRILL

No. 7227SC442.

190 S.E.2d 405 (1972)

15 N.C. App. 590

STATE of North Carolina v. Boyce James SHERRILL.

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.

Max L. Childers and Henry L. Fowler, Jr., Childers & Fowler, Mount Holly, for defendant appellant.

VAUGHN, Judge.

Defendant's first contention is that the court erred in admitting testimony as to the results of a breathalyzer test.

The test was administered within seventy minutes of the time defendant was first observed driving his automobile. Defendant's contention that the results were not admissible by reason of the delay is without merit. State v. Cooke, 270 N.C. 644, 155 S.E.2d 165

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