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STATE v. DAVIS

No. 7812SC292.

247 S.E.2d 14 (1978)

37 N.C. App. 735

STATE of North Carolina v. Dennis Eugene DAVIS.

Court of Appeals of North Carolina.

August 29, 1978.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Mary I. Murrill and Deputy Atty. Gen. William W. Melvin, Raleigh, for the State.

Willcox & McFadyen by Duncan B. McFadyen III, Raeford, for defendant-appellant.

VAUGHN, Judge.

Defendant assigns as error the court's refusal to charge the jury that it might find him guilty of a violation of G.S. 20-140(c). That section provides:

"(c) Any person who operates a motor vehicle upon a highway or public vehicular area after consuming such quantity of intoxicating liquor as directly and visibly affects his operation of said vehicle shall be guilty of reckless driving and such offense shall be a lesser included offense of...

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