State v. Sawyer
| Decision Date | 15 October 1949 |
| Docket Number | No. 217.,217. |
| Citation | 230 N.C. 713,55 S.E.2d 464 |
| Court | North Carolina Supreme Court |
| Parties | STATE. v. SAWYER. |
Robert Brooks Sawyer was convicted in the Superior Court of Yadkin County, J. W. Pless, Jr., J., for operating a motor vehicle on the public highways while under the influence of intoxicating liquor and for reekless driving, and he appealed.
The Supreme Court, Winborne, J., found no error, holding that the evidence was sufficient to take the case to the jury.
Criminal prosecutions upon two bills of indictment, one containing two counts, charging that on 16 November, 1947, defendant did unlawfully and willfully operate a motor vehicle on the public highways of Yadkin County (1) while under the influence of intoxicating liquors, and (2) while under the influence of narcotics, and the other containing eight counts, charging that on 16 November, 1947, defendant did unlawfully and willfully violate various statutes pertaining to the operation of motor vehicles upon the public highways of Yadkin County, including the charge of reckless driving as defined by the Uniform Act Regulating the Operation of Vehicles on Highways. But on the trial in Superior Court the charges pressed by the State, and on which defendant was tried, were (1) the operation of a motor vehicle upon the public highways of Yadkin while under the influence of intoxicating liquor, G.S. § 20-138, and (2) reckless driving. G.S. § 20-140.
Upon trial in Superior Court both the State and the defendant offered evidence. Recitation of such of the evidence offered by the State as is required in considering assignments of error is made in the opinion hereinafter shown.
Verdict: "Guilty of operating a car intoxicated", and "reckless driving"--and recommending mercy.
Judgment: For "operating a car while intoxicated": Imprisonment in common jail of Yadkin County for a term of twelve months and assigned to work on the roads under the supervision of the State Highway and Public Works Commission, --but "because of the prior record of defendant, this prison sentence is suspended" upon conditions stated.
And for reckless driving, prayer for judgment continued for five years, the court reserving discretionary authority to pronounce judgment at any time within that period.
Defendant appeals therefrom to Supreme Court and assigns error.
Harry M. McMullan, Atty. Gen., John R. Jordan, Jr., Raleigh, for the State.
Allen & Henderson, J. Livingston Williams, Elkin, for defendant appellant.
The gravamen of the argument advanced by brief and orally in behalf of defendant, on this appeal, is that the State failed to introduce sufficient evidence to support a finding by the jury, beyond a reasonable doubt, that defendant was operating the automobile in which the evidence tends to show he and another man, one Mitchell, were riding at the time charged in the bills of indictment, and, hence, motions for judgment as of nonsuit should have been allowed.
It is contended by defendant that the...
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