STATE v. EUBANKS

No. 67.

196 S.E.2d 706 (1973)

283 N.C. 556

STATE of North Carolina v. Jerry Dean EUBANKS.

Supreme Court of North Carolina.

June 1, 1973.


Attorney(s) appearing for the Case

Harris & Bumgardner by Don H. Bumgardner, Gastonia, for defendant appellant.

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


HUSKINS, Justice:

Before pleading to the charge contained in the warrant defendant moved to suppress the results of the breathalyzer test "and the officer's observations of this defendant," contending such evidence was rendered inadmissible by the illegality of defendant's arrest without a warrant. Denial of the motion is assigned as error.

It is provided by G.S. § 15-41 that a peace officer may make an arrest without a warrant: "(1) When the person to...

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