State v. Burris

MORRIS, Judge.

Defendant contends on appeal that the warrant charged in one count two separate and distinct offenses alternatively, that is, in the disjunctive, and that the warrant was thereby rendered void for uncertainty. The above warrant contains no reference to any specific statute but the conduct charged was a violation of G.S. 20-138 as then written and the fact that the warrant contains no reference to G.S. 20-138 is immaterial. State v. Smith, 240 N.C. 99, 81 S.E. 2d 263 (1954). G.S. 20-138 at the time defendant was charged provided as follows:

“Persons under the influence of…