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STATE v. FUTRELL

No. 7810SC818.

251 S.E.2d 715 (1979)

39 N.C. App. 674

STATE of North Carolina v. James Freddie FUTRELL.

Court of Appeals of North Carolina.

February 6, 1979.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Ben G. Irons, II, Raleigh, for the State.

Allen & Pinnix by John L. Pinnix, Raleigh, for defendant-appellee.

WEBB, Judge.

G.S. 90-113.9 provides:

No person shall, for the purpose of causing a condition of intoxication, inebriation, excitement, stupefaction, or the dulling of his brain, or nervous system, intentionally smell or inhale the fumes from any substance having the property of releasing toxic vapors or fumes; provided, that nothing in this section shall be interpreted as applying to the inhalation of any anesthesia...

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