SMITH v. POWELL

No. 765SC723.

232 S.E.2d 863 (1977)

32 N.C. App. 563

James W. SMITH v. Edward L. POWELL, Commissioner of Motor Vehicles of North Carolina.

Court of Appeals of North Carolina.

March 16, 1977.


Attorney(s) appearing for the Case

Cherry & Wall by James J. Wall, Wilmington, for petitioner-appellee.

Atty. Gen. Rufus L. Edmisten by Deputy Atty. Gen. William W. Melvin and Asst. Atty. Gen. William B. Ray, Raleigh, for respondent-appellant.


HEDRICK, Judge.

The respondent contends that the uncontroverted facts do not support the conclusion that petitioner was not operating a motor vehicle on a highway within the meaning of G.S. 20-16.2 at the time of his arrest. G.S. 20-4.01(13) defines a highway for the purpose of Chapter 20 as, "The entire width between property or right-of-way lines of every way or place of whatever nature, when any part thereof is open to the use of the public as a matter of right...

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