STATE v. BOWEN

No. 8321SC249.

313 S.E.2d 196 (1984)

STATE of North Carolina v. Carlton Kent BOWEN.

Court of Appeals of North Carolina.

April 3, 1984.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten, Raleigh by Associate Atty. Gen. William H. Borden, Goldsboro, for the State.

Alexander & Hinshaw by Robert D. Hinshaw, Winston-Salem, for defendant-appellant.


JOHNSON, Judge.

Defendant's principal contention is that the court erred in deciding as a matter of law that the condominium driveway was a "public vehicular area," thus taking the issue from the jury. The definition of "public vehicular area" applicable to this case is found in G.S. 20-4.01(32) (Cum. Supp.1981):

Public Vehicular Area.—Any drive, driveway, road, roadway, street, or alley upon the grounds and premises of any public or private hospital...

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