STATE v. COONEY

No. 84A85.

330 S.E.2d 206 (1985)

313 N.C. 594

STATE of North Carolina v. Jason Lee COONEY.

Supreme Court of North Carolina.

June 4, 1985.


Attorney(s) appearing for the Case

Lacy H. Thornburg, Atty. Gen. by Isham B. Hudson, Jr., Sp. Deputy Atty. Gen., Raleigh, for the state appellant.

D. Webster Trask, Wilmington, for defendant-appellee.


PER CURIAM.

Defendant was convicted at trial of driving while his operator's license was revoked on the theory that he operated his vehicle within three days after consuming an alcoholic beverage in violation of an earlier issued restricted driving privilege. See N.C.G.S. § 20-179.3(j). A majority of the Court of Appeals, Chief Judge Hedrick and Judge Parker, with Judge Whichard dissenting, concluded the state's evidence was insufficient to be submitted...

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