STATE v. SCOTT

No. 8312SC1319.

322 S.E.2d 613 (1984)

STATE of North Carolina v. Edward Carl SCOTT.

Court of Appeals of North Carolina.

December 4, 1984.


Attorney(s) appearing for the Case

Atty. Gen. Rufus L. Edmisten by Asst. Atty. Gen. Grayson G. Kelley, Raleigh, for the State.

Asst. Public Defender Stephen C. Freedman, Fayetteville, for defendant-appellant.


PHILLIPS, Judge.

One of the two main contentions asserted by defendant is that the evidence presented was not sufficient to warrant defendant's conviction of driving under the influence. Two of the three elements of the offense—that at the time charged defendant was driving a motor vehicle upon a public highway—were clearly established and are not in dispute. The dispute is only whether the evidence was sufficient to show that defendant was under the...

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