State v. Dixon, 289

• Decision Date: 11 April 1962
• Docket Number: No. 289,289
• Parties: STATE, v. Osbie Norwood DIXON.
• Court: North Carolina Supreme Court

Page 821

124 S.E.2d 821

256 N.C. 698

STATE, v. Osbie Norwood DIXON.

No. 289

Supreme Court of North Carolina.

April 11, 1962

Charles L. Abernethy, Jr., New Bern, for defendant appellant.

T. W. Bruton, Atty. Gen., and G. A. Jones, Jr., Ass't Atty. Gen., for the State.

PER CURIAM.

The State's evidence shows these facts: About 9:30 o'clock p. m. on 26 May 1961 Sergeant T. M. Martin of the State Highway Patrol drove up behind defendant, who was driving an automobile on West Vernon Avenue toward the city of Kinston. Defendant ran off the shoulder of the street, and pulled back on the street, and ran off the shoulder of the street and back on the street three times. Martin stopped him. Defendant got out of his automobile. He staggered, and said he had been drinking all day. In Martin's opinion, defendant was under the influence of some intoxicating liquor. Martin called Patrolman W. D. Parrish to come, and get defendant.

Defendant said in Parrish's presence: 'He knew he probably had to much to be driving, but didn't think he was drunk.' Parrish found a full pint of whisky in defendant's automobile. In Parrish's opinion, defendant was under the influence of some intoxicating liquor. Defendant said he wanted a blood test, and signed a written application to that effect. Parrish carried defendant to a local hospital that night to have a blood test made.

About ten o'clock p. m. that night David P. Lutz in Lenoir Memorial Hospital took a sample of blood from defendant's body. Lutz testified in respect to his qualifications and training, but not in as full a manner as he did in State v. Hart, N.C., 124 S.E.2d 816, but in the present case he stated this which does not appear in the Hart case: 'I am a member of the American Medical Technology, also Associated American College of Technologists. I do not have a certificate to operate in North Carolina, but it is not required in North Carolina. In my training I did take a course in chemistry. As to graduating in the field of chemistry-- that is chemistry M., but from high school, and that particular chemistry course is the basis in all technical schools. I do not have a certificate from college, but I have a certificate from the hospital where I have completed two years satisfactory training in chemistry and medical technology, clinical laboratory procedures. That's a school within a hospital, Gordan Crowell, Lincolnton, North Carolina, under Lester A. Crowell. He was pathologist and radiologist on the State Board of Examiners.' The Court, without objection, held Lutz 'is a medical...