State v. Ellis

The defendant does not contend that the State’s evidence was insufficient to carry the case to the jury. The only assignments of error are to certain portions of the charge.

The court charged the jury three times as to what constitutes being under the influence of an intoxicating liquor or beverage within the meaning of G.S. 20-138 in substantially the following language: “The court has heretofore instructed you and again instructs you that a person as under the influence of an intoxicating liquor or beverage when that person has drunk or consumed a sufficient quantity of some intoxicating…