STATE v. JENKINS

No. 7427SC196.

204 S.E.2d 919 (1974)

21 N.C. App. 541

STATE of North Carolina v. Charles Grier JENKINS.

Court of Appeals of North Carolina.

May 15, 1974.


Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan, by Deputy Atty. Gen. R. Bruce White, Asst. Atty. Gen. Jones Byrd, and Associate Atty., C. Diederich Heidgerd, Raleigh, for the State.

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


MORRIS, Judge.

Defendant assigns error to the trial court's instructing the jury that "in the opinion of the officer, the defendant was under the influence of some intoxicating liquor". It is his contention that the court erred in recapitulating incompetent evidence to the jury. However, the competency of this statement is not before us inasmuch as no motion was made to strike the statement and no exception to its competency has been brought forward. Thus, we consider...

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