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STATE v. McGILL

No. 9325SC833.

442 S.E.2d 166 (1994)

114 N.C. App. 479

STATE of North Carolina v. Jerry Franklin McGILL, Defendant.

Court of Appeals of North Carolina.

April 19, 1994.

Attorney(s) appearing for the Case

Atty. Gen. Michael F. Easley by Associate Atty. Gen. Robert T. Hargett, Raleigh, for the State.

Sigmon, Sigmon, and Isenhower by W. Gene Sigmon, Newton, for defendant-appellant.

JOHNSON, Judge.

Defendant Jerry Franklin McGill was charged on 14 October 1991 with driving while subject to an impairing substance in violation of North Carolina General Statutes § 20-138.1 (1993). Defendant was tried and convicted in district court. Appealing to superior court, defendant entered a plea of not guilty and the case was tried at the 6 June 1993 session of Catawba County Superior Court.

Evidence presented at trial showed the following: At...

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