STATE v. PAYNE

No. 7319SC581.

199 S.E.2d 132 (1973)

19 N.C. App. 511

STATE of North Carolina v. Clark Eugene PAYNE.

Court of Appeals of North Carolina.

September 26, 1973.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, by Associate Attorney Howard A. Kramer, Raleigh, for the State.

Carlton, Rhodes & Thurston, by Richard F. Thurston and Linda A. Thurston, Salisbury, for defendant appellant.


BALEY, Judge.

Defendant contends that the evidence was not sufficient for submission to the jury and that the court should have granted his motion for dismissal.

The evidence viewed in the most favorable light for the State disclosed that defendant, when observed by a highway patrolman, was driving his car and weaved from the right to the left lane of the highway and back over to the right shoulder. When he stopped and got out of the car, he was unsteady on...

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