STATE v. BROWN

21217

274 S.C. 592 (1980)

266 S.E.2d 415

The STATE, Respondent, v. Marion Eugene BROWN, Appellant.

Supreme Court of South Carolina.

May 5, 1980.


Attorney(s) appearing for the Case

James W. Corley, Columbia, for appellant.

Atty. Gen. Daniel R. McLeod, Asst. Atty. Gen. Brian P. Gibbes, Staff Atty. Lindy Pike Funkhouser and Sol. James C. Anders, Columbia, for respondent.


May 5, 1980.

NESS, Justice:

Appellant Marion Eugene Brown was convicted of driving under the influence, third offense. We affirm.

In the early morning hours of December 11, 1977, a police officer observed appellant's vehicle being operated in an erratic fashion. The officer arrested appellant and took him to the Richland County Detention Center. While there, appellant consented to a breathalyzer test.

Appellant first asserts the difference...

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