Robinson v. Life & Cas. Ins. Co. of Tenn., No. 242
| Docket Nº | No. 242 |
| Citation | 255 N.C. 669, 122 S.E.2d 801 |
| Case Date | November 22, 1961 |
| Court | United States State Supreme Court of North Carolina |
Page 801
v.
LIFE & CASUALTY INSURANCE COMPANY OF TENNESSEE.
W. B. Nivens, Charlotte, for plaintiff appellee.
Dockery, Ruff, Perry, Bond & Cobb, Charlotte, for defendant appellant.
DENNY, Justice.
The defendant's first assignment of error is based on its exception to the refusal of the court in the trial below to allow the defendant to introduce in evidence the paper identified by Dr. Summerville as a copy of his report as Coroner filed with the Clerk of the Superior Court of Mecklenburg County.
It is well settled in this jurisdiction that the effect of alcohol in the blood stream as shown by proper chemical tests is competent evidence on the question of intoxication. Osborne v. Colonial Ice Co., 249 N.C. 387, 106 S.E.2d 573; State v. Moore, 245 N.C. 158, 95 S.E.2d 548; State v. Willard, 241 N.C. 259, 84 S.E.2d 899. See also Anno.---Intoxication---Scientific Tests, 159 A.L.R. 209, et seq.; Anno.---Evidence---Specimen From Human Body, 21 A.L.R.2d 1219, et seq.
However, as to whether or not a blood alcohol test is admissible depends upon a showing of compliance with conditions as to relevancy in point of time, tracing and identification of specimen, accuracy of analysis, and qualification of the witness as an expert in the field. In other words, a foundation must be laid before this type of evidence is admissible. State v. Willard, supra. Moreover, it should be made to appear that the blood was taken from the body of the deceased before any extraneous matter had been injected into it. McGowan v. City of Los Angeles, 100 Cal.App. 2d 386, 223 P.2d 862, 21 A.L.R.2d 1206.
The evidence introduced at the trial below does not show how long after the death of the insured the blood was taken from the body or [255 N.C. 673] who took the blood from the body, and, if actually taken from the body of William F. Ardrey, whether it was taken before or after any extraneous substance had been injected into the body.
McCormick on the Law of Evidence, section 176, page 377, in discussing chemical tests to determine the degree of intoxication, says: 'The party offering the results of any of these chemical tests must first lay a foundation by producing expert witnesses who will explain the way in which the test is conducted, attest its scientific reliability, and vouch for its correct administration in the particular case.'
In McGowan v. City of Los Angeles, supra [223 P.2d 862, 864], the Court considered the identical question now before us. Section 1920 of the Code of Civil Procedure of California reads: 'Entries in public or other official books or records,...
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Irwin v. Town of Ware
...provide reasonable assurances of the identity and unchanged condition of the sample ..."); Robinson v. Life & Casualty Ins. Co., 255 N.C. 669, 672, 122 S.E.2d 801 (1961)("[W]hether or not a blood alcohol test is admissible depends upon a showing of compliance with conditions as to relevancy......
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State v. Grier, No. 258A82
...or after the examination. The technician who drew the blood did not testify. Defendant, relying on Robinson v. Life and Casualty Ins. Co., 255 N.C. 669, 122 S.E.2d 801 (1961), argues that the chain of custody was insufficient to permit submission of evidence concerning the blood test. His p......
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Combined Ins. Co. of America v. Sinclair, No. 4819
...used in the test. . . ." Lessenhop v. Norton, 261 Iowa 44, 153 N.W.2d 107, 111. See Robinson v. Life & Casualty Ins. Co. of Tennessee, 255 N.C. 669, 122 S.E.2d 801; McCormick on Evidence, supra, § 209 at 513; and 29 Am.Jur.2d, Evidence, § 830. Compare, Booth v. State, Wyo., 517 P.2d 1034, 1......
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State v. Britt, No. 151
...to allow the oral testimony of Dr. Thompson relating to the blood alcohol level of the deceased. As stated in Robinson v. Insurance Co., 255 N.C. 669, 672, 674, 122 S.E.2d 801, 803, 804 '(A)s to whether or not a blood alcohol test is admissible depends upon a showing of compliance with cond......
-
Irwin v. Town of Ware
...provide reasonable assurances of the identity and unchanged condition of the sample ..."); Robinson v. Life & Casualty Ins. Co., 255 N.C. 669, 672, 122 S.E.2d 801 (1961)("[W]hether or not a blood alcohol test is admissible depends upon a showing of compliance with conditions as to relevancy......
-
State v. Grier, No. 258A82
...or after the examination. The technician who drew the blood did not testify. Defendant, relying on Robinson v. Life and Casualty Ins. Co., 255 N.C. 669, 122 S.E.2d 801 (1961), argues that the chain of custody was insufficient to permit submission of evidence concerning the blood test. His p......
-
Combined Ins. Co. of America v. Sinclair, No. 4819
...used in the test. . . ." Lessenhop v. Norton, 261 Iowa 44, 153 N.W.2d 107, 111. See Robinson v. Life & Casualty Ins. Co. of Tennessee, 255 N.C. 669, 122 S.E.2d 801; McCormick on Evidence, supra, § 209 at 513; and 29 Am.Jur.2d, Evidence, § 830. Compare, Booth v. State, Wyo., 517 P.2d 1034, 1......
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State v. Britt, No. 151
...to allow the oral testimony of Dr. Thompson relating to the blood alcohol level of the deceased. As stated in Robinson v. Insurance Co., 255 N.C. 669, 672, 674, 122 S.E.2d 801, 803, 804 '(A)s to whether or not a blood alcohol test is admissible depends upon a showing of compliance with cond......