Legal Opinion

State v. Powell

Supreme Court of North Carolina

Decided November 10, 1971No. 38PublishedCited by 20 opinions

1Opinion of the Court

MOOEE, Justice.

Defendant presented only one assignment of error to the Court of Appeals, which he brings forward to this Court: Did the trial court err when it ruled that the breathalyzer reading in this case was admissible in evidence? The Court of Appeals held not. We agree with the Court of Appeals.

G.S. 20-139.1 in pertinent part provides:

“Eesults of chemical analysis admissible in evidence; presumption.— (a) In any criminal action arising out of acts alleged to have been committed by any person while driving a vehicle under the influence of intoxicating liquor, the amount of alcohol in…

2Cases cited6 opinions

  1. State v. MooreSupreme Court of North Carolina · 1956
  2. Robinson Ex Rel. Robinson v. Life & Casualty InsuranceSupreme Court of North Carolina · 1961
  3. State v. WillardSupreme Court of North Carolina · 1954
  4. State v. CummingsSupreme Court of North Carolina · 1966
  5. State v. PowellSupreme Court of North Carolina · 1965

1 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. State v. EubanksSupreme Court of North Carolina · 1973
  2. People v. Meikrantz, New York County Courts1974
  3. State v. TappeCourt of Appeals of North Carolina · 2000
  4. People v. FoulgerAppellate Division of the Superior Court of California · 1972
  5. Gwaltney v. KeatonCourt of Appeals of North Carolina · 1976

15 more not listed; retrieve them via the Exa API.

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