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STATE v. LIVINGSTON

No. 7412SC545.

206 S.E.2d 376 (1974)

22 N.C. App. 346

STATE of North Carolina v. John D. LIVINGSTON.

Court of Appeals of North Carolina.

July 3, 1974.

Attorney(s) appearing for the Case

Atty. Gen. Robert Morgan by John R. Morgan, Associate Atty., Raleigh, for the State.

Rose, Thorp & Rand by Anthony E. Rand and Cherry & Grimes by Sol G. Cherry, Fayetteville, for defendant appellant.

VAUGHN, Judge.

The only issue on appeal is whether the court erred in denying defendant's motion for nonsuit. The thrust of defendant's argument is that since Officer Shambley did not state that defendant's physical or mental faculties were "appreciably" impaired, see State v. Carroll, 226 N.C. 237, 37 S.E.2d 688; State v. Combs, 13 N.C. App. 195, 185 S.E.2d 8, the evidence was insufficient...

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