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STATE v. SIMMONS

No. 808SC1006.

276 S.E.2d 765 (1981)

STATE of North Carolina v. Maynard Howard SIMMONS.

Court of Appeals of North Carolina.

April 7, 1981.

Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Associate Atty. Gen. Richard H. Carlton, Raleigh, for State.

John W. Dees, Goldsboro, for defendant-appellant.

WELLS, Judge.

In his only assignment of error defendant argues that the court erred in allowing Boltinhouse to testify that defendant refused the breathalyzer test and in including a jury instruction concerning the failure of the defendant to take the breathalyzer test. Defendant first contends that G.S. 20-139.1(f) requires that all provisions of G.S. 20-16.2 must be complied with before a refusal to submit to the breathalyzer...

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