STATE v. COOKE

No. 8827SC918.

380 S.E.2d 382 (1989)

STATE of North Carolina v. Ronno Lyndon COOKE.

Court of Appeals of North Carolina.

June 20, 1989.


Attorney(s) appearing for the Case

Atty. Gen. Thornburg by Sp. Deputy Atty. Gen. Jane P. Gray, Raleigh, for the State.

Asst. Public Defender Joseph F. Lyles, Gastonia, for defendant-appellant.


PHILLIPS, Judge.

In appealing his conviction of driving while impaired in violation of G.S. 20-138.1 defendant contends that the court erred in not charging the jury on the defense of coercion and duress and as to the credibility of the breathalyzer operator. Neither contention has merit and we find no error.

The trial court was correct in refusing to instruct the jury on the defense of coercion, compulsion or duress as there was no evidence that defendant...

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