State v. Felts
| Decision Date | 23 July 1969 |
| Docket Number | No. 6921SC309,6921SC309 |
| Citation | 5 N.C.App. 499,168 S.E.2d 483 |
| Parties | STATE of North Carolina v. Roger Franklin FELTS. |
| Court | North Carolina Court of Appeals |
Atty. Gen. Robert Morgan by Real Property Atty. Rafford E. Jones, Raleigh, for the State.
White, Crumpler & Pfefferkorn, by Fred G. Crumpler, Jr., and William G. Pfefferkorn, Winston-Salem, for defendant appellant.
The defendant made numerous assignments of error, but since there must be a new trial, we will refrain from a discussion of the evidence and the numerous assignments of error as they are unlikely to arise on a new trial.
In the charge to the jury, the learned trial judge gave the following instruction:
'Well, I instruct you, first, that this statute provides that one may not operate a motor vehicle while under the influence of some intoxicant. It is not necessary for one to be drunk and operate a motor vehicle on a public highway to violate this statute, although one would be guilty if he were drunk and operated a motor vehicle on a public highway, but it says, if you paid attention to the statute, only under the influence. So, then, I instruct you that one is under the influence of an intoxicant when he has consumed some quantity of an intoxicating beverage whether it be a small amount or a large amount, one drink or several drinks, or one bottle of beer or one can of beer, or more than one, so as to cause him to lose the normal control of his bodily faculties or his mental faculties, or both of those faculties, to such an extent that there is an appreciable impairment of either one of those faculties, that is, bodily or mental faculties.
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State v. Anderson, No. COA04-891 (NC 6/7/2005)
...that is, sufficient to be recognized and estimated, for a proper finding that defendant was impaired. See State v. Felts, 5 N.C. App. 499, 168 S.E.2d 483 (1969) (new trial on other grounds). 78 N.C. App. 39, 45, 336 S.E.2d 852, 855 (1985) (emphasis supplied). "The opinion of a law enforceme......
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State v. Faulise, No. COA08-1124 (N.C. App. 5/5/2009)
...a motor vehicle while under the influence of some intoxicant, but a person need only be under the influence. State v. Felts, 5 N.C. App. 499, 500, 168 S.E.2d 483 (1969). Officer Newman testified that Defendant admitted that he had been drinking and that he was alone in the car. The officers......
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State v. Brown
...that is, sufficient to be recognized and estimated, for a proper finding that defendant was impaired. See State v. Felts, 5 N.C.App. 499, 168 S.E.2d 483 (1969) (new trial on other State v. Harrington, 78 N.C.App. 39, 45, 336 S.E.2d 852, 855 (1985). Thus, there must be some evidence of the d......
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State v. Catoe
...This evidence sufficed to go to the jury on the question of DWI regardless of Dr. Ellis' testimony. Sigmon; see State v. Felts, 5 N.C.App. 499, 168 S.E.2d 483 (1969) (effect of alcohol must be recognizable) (new trial on unrelated Accordingly, we conclude that defendant has failed to show p......