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SMITH v. KILBURN

No. 738SC67.

196 S.E.2d 588 (1973)

18 N.C. App. 204

Pauline Parrish SMITH, Administratrix of Weldon Parrish, Deceased, v. Jimmy Dale KILBURN.

Court of Appeals of North Carolina.

May 23, 1973.

Attorney(s) appearing for the Case

Herbert B. Hulse and Sasser, Duke & Brown by John E. Duke, Goldsboro, for plaintiff-appellee.

Dees, Dees, Smith, Powell & Jarrett by William W. Smith, Goldsboro, for defendant-appellant.

BROCK, Judge.

Defendant assigns as error the admission of certain testimony by Officer B. F. Smith, and the court's refusal to allow defendant's motion to strike that testimony. Officer Smith investigated the accident and testified that he detected an odor of alcohol on defendant's breath. Officer Smith then testified, over objection, that he found a curved cork stopper in defendant's automobile. This cork was about an inch long and had part of a stamp or piece of...

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