State v. DeVane

PHILLIPS, Judge.

In appealing his conviction of driving while impaired in violation of G.S. 20-138.1, defendant makes but two contentions, neither of which has merit. His first contention is that during his cross-examination of the operator of the breathalyzer machine, a model manufactured by Stevenson Corporation, the trial judge expressed a disparaging opinion about his case and the way it was being handled by questioning the witness and conversing with defense counsel as follows:

Q. The COURT: Do you know where Mr. Stevenson went to school?

A. No sir.

Defense Counsel: Who?

THE COURT: Mr.…