State v. Brown

HEDRICK, Judge.

The defendant’s two assignments of error focus on the trial court’s admission of testimony regarding the speed at which he was driving at the time of the accident, and the court’s instruction thereon. The defendant recognizes the general rule that a “ ‘person of ordinary intelligence, who has had an opportunity for observation, is competent to testify as to the rate of speed’ of a motor vehicle.” 1 Stansbury’s N.C. Evidence § 131, at 420 (Brandis rev. 1973) and cases cited thereunder. He argues that the witness, Alphonso Braggs, did not have sufficient opportunity to observe…