State v. Buckner

MORRIS, Judge.

The defendant, by his first assignment of error, contends that the trial judge expressed an opinion in favor of the State in violation of G.S. 1-180. During the testimony of State’s witness Helton, after he had thoroughly explained the procedures followed when he administered the breathalyzer test, the following exchange took place:

“QUESTION: Now, after having done what you have testified to that you did, what was the result of the test?

Mr. Bumgardner: Objection.

The COURT: Sustained. Go ahead with the foundation as to what rights were explained. He stated he gave him his rights,…