State v. Jent

Defendant’s assignments of error which comply with the rules of this Court raise only the question of nonsuit and the correctness of certain portions of the judge’s charge. In re Will of Adams, 268 N.C. 565, 151 S.E. 2d 59.

The State’s evidence — with and without the result of the Breathalyzer test — was more than sufficient to take to the jury the issue of defendant’s guilt of the crime charged. The motions for nonsuit were properly overruled.

Defendant assigns as error the following portion of His Honor’s 'charge:

“As I have heretofore stated in other cases this week, 20-139.1 provides that…