CHURCH v. POWELL

No. 7823SC290.

252 S.E.2d 229 (1979)

40 N.C. App. 254

Claude Morris CHURCH v. Edward POWELL, Commissioner of Motor Vehicles.

Court of Appeals of North Carolina.

March 6, 1979.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Deputy Atty. Gen. Jean A. Benoy, Raleigh, for respondent-appellant.

No brief was filed for petitioner.


VAUGHN, Judge.

The judgment is not supported by either the evidence, which is uncontradicted, or the applicable law. In the first place, it is not necessary to reach the question of whether the patrolman should have advised petitioner of his Miranda rights before asking if his name was Morris Church and whether he was the owner and operator of the wrecked car. In the hearing we are now called upon to review the testimony that petitioner told the patrolman that...

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