STATE v. McDONALD

No. 8920SC534.

387 S.E.2d 666 (1990)

STATE of North Carolina v. Billy McDONALD.

Court of Appeals of North Carolina.

February 6, 1990.


Attorney(s) appearing for the Case

Attorney Gen. Lacy H. Thornburg by Sp. Deputy Atty. Gen. Isaac T. Avery, III, Raleigh, for the State.

Pollock, Fullenwider, Cunningham & Patterson, P.A. by Bruce T. Cunningham, Jr., Southern Pines, for defendant-appellant.


WELLS, Judge.

Defendant brings forward a single assignment of error challenging the trial court's denial of his motion for mistrial. Defendant argues that the State's question regarding the lower result of the two breathalyzer tests improperly suggested to the jury that there was a test result higher than the result introduced into evidence. We find no error.

N.C.Gen.Stat. § 20-139.1(b3) governs the admissibility of breathalyzer test results. It provides...

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