State v. Mabe

EAGLES, Judge.

I

Defendant assigns error to the trial court’s denial of his motion to dismiss on the ground that the State’s evidence was insufficient as a matter of law to permit a finding that the offense occurred upon a “public vehicular area” as defined in G.S. 20-4.01(32). We disagree.

A “public vehicular area” is defined in G.S. 20-4.01(32) (Supp. 1985) as “[a]ny area within the State of North Carolina that is generally open to and used by the public for vehicular traffic, including by way of illustration and not limitation any drive, driveway, road, roadway, street, alley, or parking lot…