State v. Cole

Defendant’s primary contention is that tbe evidence, considered in the light most favorable to tbe State, was insufficient to warrant submission to the jury and to support tbe verdict and judgment.

Tbe ultimate test is whether or not defendant was under tbe influence of intoxicating liquor when driving a motor vehicle upon a public highway. G.S. 20-138; S. v. Carroll, 226 N.C. 237, 37 S.E. 2d 688.

Defendant emphasizes tbe expression, “tbe guilt of an accused is not to be inferred merely from facts consistent with bis guilt, but they must be inconsistent with bis innocence,” S. v. Harvey, 228…