STATE v. JENKINS

No. 8526SC1109.

342 S.E.2d 550 (1986)

STATE of North Carolina v. Larry Osborne JENKINS.

Court of Appeals of North Carolina.

May 6, 1986.


Attorney(s) appearing for the Case

Atty. Gen. Lacy H. Thornburg by Asst. Atty. Gen. Jane P. Gray, Raleigh, for the State.

William D. McNaull, Jr., Charlotte, for defendant-appellant.


MARTIN, Judge.

In this appeal, defendant contends that the State's evidence was insufficient to overcome his motions to dismiss and that the trial court committed error in responding to a question by the jurors. We find merit in his latter contention and conclude that he is entitled to a new trial.

In his first and second arguments, defendant contends that Officer McElwee had insufficient opportunity to form an opinion as to the speed of defendant's automobile...

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