State v. . Carroll
Supreme Court of North Carolina
Appeal by defendant from Gwyn, J., at November Term, 1945, of Caldwell. Criminal prosecution tried upon two warrants, one cbarging reckless driving and tbe other witb operating a motor vehicle while under tbe influence of liquor or narcotic drugs, in violation of G. S., 20-138. Tbe jury returned a verdict of not guilty as to tbe charge of reckless' driving and a verdict of guilty as to tbe charge of operating a motor vehicle while under tbe influence of liquor.
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Appeal by defendant from Gwyn, J., at November Term, 1945, of Caldwell. Criminal prosecution tried upon two warrants, one cbarging reckless driving and tbe other witb operating a motor vehicle while under tbe influence of liquor or narcotic drugs, in violation of G. S., 20-138. Tbe jury returned a verdict of not guilty as to tbe charge of reckless' driving and a verdict of guilty as to tbe charge of operating a motor vehicle while under tbe influence of liquor. From tbe judgment pronounced upon tbe verdict, tbe defendant appeals, assigning errors.
1Opinion of the CourtDeNNY, J.
The appellant assigns as error the following portion of bis Honor's charge: “Where a person has drunk a sufficient quantity of alcoholic liquor or beverage to affect, however slightly, his mind and his muscles, his mental and his physical faculties, then- he is under the influence of intoxicating liquor or beverage.”
The prosecution is relying upon S. v. Dills, 204 N. C., 33, 167 S. E., 459; Wilson v. Casualty Co., 210 N. C., 585, 188 S. E., 102; and S. v. Harris, 213 N. C., 648, 197 S. E., 142, to sustain this charge. It is contended that the instruction given was approved by this Court in…
2Cases cited9 opinions
- Bessie Cannon v. State of FloridaSupreme Court of Florida · 1926
- People v. DingleCalifornia Court of Appeal · 1922
- People v. McKeeCalifornia Court of Appeal · 1926
- State v. DudleySupreme Court of Louisiana · 1925
- State v. . HarrisSupreme Court of North Carolina · 1938
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3Cited by50 opinions
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- Atkins v. MoyeSupreme Court of North Carolina · 1970
- State v. HarringtonCourt of Appeals of North Carolina · 1985
- State v. McKenzieSupreme Court of North Carolina · 1977
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