State v. . Lowery

Tbe defendant excepts and assigns as error tbe refusal of bis Honor to sustain bis motion for judgment as of nonsuit.

Tbe State is relying upon tbe breach of two statutes by tbe defendant to sustain tbe judgment below, to wit, section 101, chapter 407, Public Laws of 1937, N. C. Code of 1939 (Michie), section 2621 (286), which makes it unlawful for any person to drive an automobile on the highways •of tbe State while under tbe influence of intoxicating liquor or narcotic •drugs; and section 116 of tbe same Act, N. C. Code of 1939 (Micbie), section 2621 (301), which requires tbe driver of an…