Legal Opinion

State v. Carpenter

Court of Appeals of North Carolina

Decided December 21, 1977No. 7727SC588PublishedCited by 4 opinions

1Opinion of the Court

BROCK, Chief Judge.

Defendant assigns as error that the trial court admitted into evidence the results of the breathalyzer test. Defendant’s argument is based upon two premises.

First he argues that the State failed to show that the breathalyzer operator was competent to administer the test because the State failed to introduce into evidence a valid permit. In State v. Powell, 10 N.C. App. 726, 179 S.E. 2d 785 (1971), affirmed 279 N.C. 608, 184 S.E. 2d 243 (1971), we clearly stated: “In our opinion, from a reading of the statute and the cases above cited, although permissible, it is not…

2Cases cited3 opinions

  1. State v. PowellSupreme Court of North Carolina · 1971
  2. State v. HillCourt of Appeals of North Carolina · 1976
  3. State v. PowellCourt of Appeals of North Carolina · 1971

3Cited by4 opinions

  1. Rice v. PetersCourt of Appeals of North Carolina · 1980
  2. State v. ThompsonCourt of Appeals of North Carolina · 2002
  3. Burris v. ThomasCourt of Appeals of North Carolina · 2015
  4. State v. MartinezCourt of Appeals of North Carolina · 2016

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