State v. Hatcher, 505.
| Decision Date | 29 April 1936 |
| Docket Number | No. 505.,505. |
| Court | North Carolina Supreme Court |
| Parties | STATE. v. HATCHER. |
Appeal from Superior Court, Mecklenburg County; Sink, Judge.
Clarence Hatcher was convicted of operating an automobile on a public highway while intoxicated, and he appeals.
New trial.
Scarborough & Boyd, of Charlotte, for appellant.
A. A. F. Seawell, Atty. Gen., and Harry McMullan, Asst. Atty. Gen., for the State.
This case was heard upon appeal from the county recorder's court of Mecklenburg county upon a warrant charging a violation of C.S. § 4506, Pub.Laws 1927, c. 230, § 1, which reads as follows: "Any person who shall, while intoxicated or under the influence of intoxicating liquors or bitters, morphine or other opiates, operate a motor vehicle upon any public highway * * * or the streets of any city or town in this State, shall be guilty of a misdemeanor."
Jake Culp, a rural police officer and state's witness, testified that
The defendant testified in his own behalf that
The defendant reserved exception to the following excerpt from his honor's charge: "The Court charges you, gentlemen of the jury, that if you are satisfied from the testimony in this case that he drove the car there, that he was intoxicated, or had consumed liquor or drugs or opiates to the extent that his normal functions were interfered with, or if he backed the car partially down the hill, or if he held the car there on the hill, that was an operation of the car within contemplation of the law, and if he was drunk at the time he did it or under the influence of liquor or drugs, and you shall be so satisfied, beyond a reasonable doubt, it would be your...
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State v. Spencer
...applies also to criminal statutes.' 7 Strong's N.C. Index 2d, Statutes § 10; State v. Brown, 221 N.C. 310, 20 S.E.2d 286; State v. Hatcher, 210 N.C. 55, 185 S.E. 435; State v. Humphries, 210 N.C. 406, 186 S.E. When G.S. § 20--174.1 is subjected to these rules of construction, it is quite cl......
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Banks, Matter of
...it with regard to the evil which it is intended to suppress. State v. Brown, 221 N.C. 301, 20 S.E.2d 286 (1942); State v. Hatcher, 210 N.C. 55, 185 S.E. 435 (1936). The intent of the legislature controls the interpretation of a statute. State v. Hart, 287 N.C. 76, 213 S.E.2d 291 (1975), and......
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State v. Haddock, 76
...imports motion of the vehicle, and does not embrace holding an automobile motionless by putting the foot on a brake pedal. State v. Hatcher, 210 N.C. 55, 185 S.E. 435. Sitting in a parked car while it rolls backwards under the force of gravity is not operating. State v. Robbins, 243 N.C. 16......
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State v. Stiene
...in State v. Shutt, 116 N.H. 495, 363 A.2d 406 (1970); People v. Hoffman, 53 Misc.2d 1010, 280 N.Y.S.2d 169 (1967); State v. Hatcher, 210 N.C. 55, 185 S.E. 435 (1936); and Line v. State, 191 Tenn. 380, 234 S.W.2d 818 (1950) (where "operating" was deemed not established where the automobile w......