MATTER OF REDWINE

No. 137PA84.

322 S.E.2d 769 (1984)

In the Matter of Judge Philip O. REDWINE, District Court Judge Tenth Judicial District.

Supreme Court of North Carolina.

December 4, 1984.


Attorney(s) appearing for the Case

Rufus L. Edmisten, Atty. Gen. by Isaac T. Avery III, Sp. Deputy Atty. Gen., Raleigh, for the State.

Van Camp, Gill & Crumpler, P.A. by William B. Crumpler, Raleigh, for respondent.


MARTIN, Justice.

Appellant Redwine argues that N.C. G.S. 20-139.1(e1) is unconstitutional and therefore the superior court erred by issuing a writ of mandamus compelling him to admit the chemical analyst's affidavit into evidence. We need not reach this issue, however, since we hold, for another reason, that the superior court erred in issuing the writ of mandamus in the present case. As the constitutional issue sought to be reviewed in this appeal is presently before...

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