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STATE v. SYKES

No. 56.

203 S.E.2d 849 (1974)

285 N.C. 202

STATE of North Carolina v. Jack Edward SYKES.

Supreme Court of North Carolina.

April 10, 1974.

Attorney(s) appearing for the Case

Robert Morgan, Atty. Gen., Claude W. Harris, Asst. Atty. Gen., Raleigh, for the State of North Carolina.

Douglas P. Connor, Mount Olive, for defendant-appellant.

HUSKINS, Justice:

Defendant assigns as error the trial court's action in admitting over objection the following testimony of Officer Wood:

"I asked Mr. Sykes if he had been drinking and he said yes. I asked him to walk for me. As he was walking there on the driveway he was staggering.. . . I gave the balance test and at the time I gave him this test he fell forward noticeably. I advised Mr. Sykes he was under arrest for driving under the influence. . . ....

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