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STATE v. MULLIS

No. 7827SC289.

247 S.E.2d 265 (1978)

38 N.C. App. 40

STATE of North Carolina v. James P. MULLIS.

Court of Appeals of North Carolina.

September 5, 1978.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten, by Asst. Atty. Gen. Isaac T. Avery III, Raleigh, for the State.

Steve Dolley, Jr., Gastonia, for defendant-appellant.

ERWIN, Judge.

Defendant contends that the trial court erred in allowing into evidence testimony of the breathalyzer operator when the proper foundation had not been laid by showing what permit he held and who issued it.

G.S. 20-139.1(b) reads:

"Chemical analyses of the person's breath or blood, to be considered valid under the provisions of this section, shall have been performed according to methods approved...

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