State v. Cartwright
| Decision Date | 14 July 1971 |
| Docket Number | No. 7117SC405,7117SC405 |
| Citation | 12 N.C.App. 4,182 S.E.2d 203 |
| Court | North Carolina Court of Appeals |
| Parties | STATE of North Carolina v. Richard R. CARTWRIGHT, Jr. |
Atty. Gen. Robert Morgan and Asst. Attys. Gen. William W. Melvin and T. Buie Costen for the State.
Powell & Powell by Harrell Powell, Jr., and Edward L. Powell, Winston-Salem, for defendant appellant.
Defendant assigns no error to the charge of the court and presents for review the one question as to whether or not the evidence taken in the light strongest for the State presented a case for the jury. We are of the opinion that it does. W. C. Blalock, a member of the North Carolina Highway Patrol, testified that on Saturday night, 6 December 1969, at approximately 11:30 p.m., he was traveling north in his patrol car on North Carolina Highway No. 704 going towards Prestonville. Deputy Sheriff Nolaska Allen was with Patrolman Blalock. Blalock testified he
Officer Blalock further testified that based upon his observation and examination of the defendant he had an opinion satisfactory to himself as to the condition of the defendant, and in his opinion, '(h)e was intoxicated.' This was sufficient evidence to carry the case to the jury.
In the case of Atkins v. Moye, 277 N.C. 179, 176 S.E.2d 789 (1970), omitting citations, it is stated:
'An odor of alcohol on the breath of the driver of...
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State v. Anderson, No. COA04-891 (NC 6/7/2005)
...v. Hairr, 244 N.C. 506, 94 S.E.2d 472 (1956). Nor does the fact that defendant smells of alcohol by itself control. State v. Cartwright, 12 N.C. App. 4, 182 S.E.2d 203 (1971). On the other hand, the State need not show that the defendant is "drunk," i.e., that his or her faculties are mater......
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State v. Brown
...v. Hairr, 244 N.C. 506, 94 S.E.2d 472 (1956). Nor does the fact that defendant smells of alcohol by itself control. State v. Cartwright, 12 N.C.App. 4, 182 S.E.2d 203 (1971). On the other hand, the State need not show that the defendant is "drunk," i.e., that his or her faculties are materi......
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State v. Harrington
...v. Hairr, 244 N.C. 506, 94 S.E.2d 472 (1956). Nor does the fact that defendant smells of alcohol by itself control. State v. Cartwright, 12 N.C.App. 4, 182 S.E.2d 203 (1971). On the other hand, the State need not show that the defendant is "drunk," i.e., that his or her faculties are materi......
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State v. Scott, 8312SC1319
...that he was under the influence of an intoxicating liquor. See Atkins v. Moye, 277 N.C. 179, 176 S.E.2d 789 (1970); State v. Cartwright, 12 N.C.App. 4, 182 S.E.2d 203 (1971). The defendant's other main contention is that the court, to defendant's prejudice, improperly permitted the State to......