State v. Perry

BARNHILL J., concurring. The defendant was tried in the recorder's court of Zebulon on a warrant charging him with operating a motor vehicle on the highway while under the influence of intoxicating liquor. On conviction in the recorder's court he appealed to the Superior Court of Wake County, where he was tried upon the same warrant and again found guilty, and appeals to this Court.

The case on appeal presents substantially the following facts:

G. C. Massey, a deputy sheriff of Wake County, saw the defendant at the Texaco filling station in Zebulon. Witness was parked on the west side of the…