STATE v. GRAY

No. 7527SC770.

221 S.E.2d 765 (1976)

28 N.C. App. 506

STATE of North Carolina v. Elias Prosser GRAY.

Court of Appeals of North Carolina.

February 4, 1976.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten, by Associate Attys. T. Lawrence Pollard and Joan H. Byers, Raleigh, for the State.

Harris & Bumgardner, by Don H. Bumgardner, Gastonia, for defendant appellant.


MORRIS, Judge.

Defendant contends, inter alia, that the trial court erred in admitting evidence of the breathalyzer test over his objection in view of the State's failure to establish as a foundational requirement that the test, as performed, met the operational standards prescribed by statute. We agree. The failure of the State to produce evidence of the test operator's compliance with G.S. 20-139.1(b) must be deemed prejudicial error.

During the course...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases