STATE v. BUNTON

No. 7522SC463.

220 S.E.2d 354 (1975)

27 N.C. App. 704

STATE of North Carolina v. Commie Lester BUNTON.

Court of Appeals of North Carolina.

December 17, 1975.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Sandra M. King, Raleigh, for the State.

Collier, Harris, Homesley, Jones & Gaines by Wallace W. Dixon, Statesville, for defendant appellant.


PARKER, Judge.

Defendant assigns error to the admission in evidence over his objection of the result of the breathalyzer test. He does not contend that the test was improperly administered or that he was not correctly informed of his rights. At the trial he stipulated to the contrary. He contends he was entitled to have the result of the breathalyzer test excluded from evidence solely because the arresting officer, after the test was administered, refused to take...

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