State v. . Newton

There are two- counts in the bill of indictment against the defendants, under the following statutes: North Carolina Code,' 1931 (Michie), see. 2621 (44) and (45), 2621 (71) (a).

Section 2621 (44) is as follows: “It shall be unlawful and punishable as provided in section 2621 (101) of this act for any person, whether licensed or not, who is an habitual user of narcotic drugs or any person who is under the influence of intoxicating liquor or narco-tic drugs to drive any vehicle upon the highway within this State.”

Section 2621 (45) is as follows: “Any person who drives any vehicle upon a highway…