In re Redwine

MARTIN, Justice.

Appellant Redwine argues that N.C.G.S. 20-139.1(el) is unconstitutional and therefore the superior court erred by issuing a writ of mandamus compelling him to admit the chemical analyst’s affidavit into evidence. We need not reach this issue, however, since we hold, for another reason, that the superior court erred in issuing the writ of mandamus in the present case. As the constitutional issue sought to be reviewed in this appeal is presently before this Court in another case, we find it unnecessary to treat the appeal in this case as a petition for writ of mandamus. See…