STATE v. BURRUS

No. 761SC17.

226 S.E.2d 677 (1976)

30 N.C. App. 250

STATE of North Carolina v. Walter Speight BURRUS.

Court of Appeals of North Carolina.

July 21, 1976.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Ralf F. Haskell, Raleigh, for the State.

Twiford, Abbott, Seawell, Trimpi & Thompson by O. C. Abbott and John G. Trimpi, Elizabeth, for defendant.


MARTIN, Judge.

Defendant was found guilty of driving under the influence of intoxicating liquor, a violation of G.S. 20-138. Among his assignments of error defendant contends that, while the court did instruct the jury upon the charge of driving under the influence, the court erred by not instructing the jury that they could find defendant guilty of the lesser included offense of reckless driving as defined in G.S. 20-140(c).

G.S. 20-140(c) provides that<...

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