Legal Opinion

State v. Powell

Court of Appeals of North Carolina

Decided May 12, 1971No. 7110SC216PublishedCited by 10 opinions

1Opinion of the Court

BROCK, Judge.

The sole question presented on this appeal, as stated by appellant, is “Did the court err when it ruled the breathalyzer reading in this case was admissible evidence?” Defendant does not argue that the witness who administered the test and testi fied as to the results was not shown to possess the qualifications required by G.S. 20-139.1 (b). The thrust of defendant’s argument is that in order to comply with G.S. 20-139.1 (b) it is incumbent upon the State to introduce into evidence a certified copy of “the methods approved by the State Board of Health in administering the…

2Cases cited5 opinions

  1. State v. CummingsSupreme Court of North Carolina · 1966
  2. State v. PowellSupreme Court of North Carolina · 1965
  3. State v. MobleySupreme Court of North Carolina · 1968
  4. State v. CavinessCourt of Appeals of North Carolina · 1970
  5. State v. KingCourt of Appeals of North Carolina · 1969

3Cited by10 opinions

  1. City of Monroe v. RobinsonSupreme Court of Louisiana · 1975
  2. State v. TappeCourt of Appeals of North Carolina · 2000
  3. State v. CarpenterCourt of Appeals of North Carolina · 1977
  4. State v. WarfCourt of Appeals of North Carolina · 1972
  5. State v. FranksCourt of Appeals of North Carolina · 1987

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