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STATE v. MILLS

No. 7822SC640.

249 S.E.2d 446 (1978)

39 N.C. App. 47

STATE of North Carolina v. Gary Ray MILLS.

Court of Appeals of North Carolina.

December 5, 1978.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten, by Deputy Atty. Gen. William W. Melvin and Asst. Atty. Gen. William B. Ray, Raleigh for the State.

C. Gary Triggs, Triggs & Hodges, Morganton, for defendant-appellant.

MITCHELL, Judge.

The defendant first assigns as error the admission of the testimony of two officers that the breathalyzer was administered to the defendant at 1:05 p. m. when the written breathalyzer record indicated that it was administered at 12:15 p. m. The defendant contends that this violated the best evidence rule. We do not agree.

The best evidence rule indicates that a writing is the best evidence of its contents.

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