State v. . Flinchem

No. 226: Operating Motor Vehicle While UNDER Influence OE INTOXICATING LlQTTOR.

Devin, J.

A careful examination of the testimony offered by the State in support of the charge of driving an automobile while under the influence of intoxicating liquor, in violation of G. S., 20-138, leads us to the conclusion that it lacks sufficient probative value to warrant submission to the jury, and that defendant’s motion for judgment of nonsuit as to this charge should have been allowed.

The testimony of two witnesses to the effect that from the detection of some “foreign” odor of an intoxicant from the…